SUMAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who was proprietor of Banshi Vihar Restaurant. Frazer Road, Patna, had approached this Court against the order dated 3.3.1997 passed by the learned Judicial Magistrate, 1st Class, Patna, whereby the learned court below had allowed the petition filed under Section 319 of the Code of Criminal Procedure on behalf of the prosecution and ordered for issuance of summons to the petitioner to face the trial in the present case.

(2.) The occurrence had taken place in the year, 1993 and the impugned order was passed on 3.3.1997. Immediately thereafter the petitioner rushed to this Court and by the order dated 4.3.1998, while admitting the present petition, this Court directed that during the pendency of this application, the operation of the impugned order, so far the petitioner is concerned, shall remain stayed.

(3.) The short fact of this case is that on 26.11.1993, while the informant was moving on a Scooter along with his wife, a Signboard containing name of Banshi Vihar Restaurant fell down on their Scooter causing injury to the wife of the informant and thereafter an F.I.R. vide Kotwali P.S. Case No. 423 of 1993 against the staff of Banshi Vihar Restaurant. After registering the case, police investigated the same and finally police submitted charge-sheet against the three persons, namely, Rajendra Prasad Singh, Kamakhya Prasad Singh and Ravi Shankar Pandey. After submission of the charge-sheet, the court took cognizance and all the three accused persons were put on trial . In the case four witnesses were examined in support of the prosecution. The last witness in the case was the Investigating Officer of the case, who was examined as P.W. 4. After examination, he was finally discharged on 21.8.1996. It appears that after the conclusion of the arguments, the case was fixed for judgment on 27.9.1996. However, the judgment could not be delivered on the said date. Thereafter, on 28.9.1996 a petition was filed on behalf of the prosecution under Section 319 of the Code of Criminal Procedure with a prayer to summon the petitioner to face the trial as an accused in the present case.