LAL BABU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Mahesh Narayan Parbat, learned Counsel appearing for the Petitioners and Sri Ganesh Prasad Singh, learned A.P.P. for the State.

(2.) The grievance of the Petitioners is that merely after recording the statements of four witnesses in Sessions Trial No. 129 of 2010 and that too the examination-in-chief part of the witnesses, the court, i.e., Additional Sessions Judge-IX, Chapra proceeded to summon the Petitioners under Section 319 of the Code of Criminal Procedure to stand trial alongwith the accused who is already facing trial in that particular case by passing an order to that effect on 3.7.2010.

(3.) It was contended by Sri Parbat, learned Counsel appearing for the Petitioners, that the court was acting in haste and was passing an order prematuredly, because it ought to have allowed some more meaningful evidence to come on record so as to considering that there could be genuine necessity of summoning the additional accused, like the two Petitioners by virtue of its extraordinary powers under Section 319 Code of Criminal Procedure It was contended that initially, the police had submitted a report in which the Petitioners were not sent up and while the other had been sent up for trial, but the informant and his witnesses have deposed falsely and maliciously for producing evidence without any substantial reasons.