RAJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State However, no one appears on behalf of opposite party no. 2.

(2.) THIS application is directed against order dated 10.5.2000 passed by the learned 5th Additional Sessions Judge in Criminal Revision No. 212 of 1999, where by and whereunder the learned Sessions Judge has set aside the order dated 4.8.1999 passed by the learned Judicial Magistrate in G.R. Case No. 215 of 1998, whereby and whereunder he had rejected the prayer of the prosecution to summon accused Rajendra Singh under section 319 of the Code of Criminal Procedure (hereinafter to be referred to as 'Code ').

(3.) THE submission of learned counsel appearing on behalf of the petitioner is wholly misconceived as the question urged by learned counsel has already been decided by the apex court in the case of Kishan Singh and ors. V/s. State of Bihar [(1993 (2) Supreme Court Cases, 16] where it has been held that even the accused persons, who were discharged will come under the sweep of power conferred by Section 319 of the Code.