RAVI SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Prabhakar Singh, learned counsel for the petitioner and Mr. Binod Kumar No.3, learned APP appearing for the State.

(2.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure (in short the Cr.P.C.) with a prayer to quash the order dtd. 21/6/2016 passed by the learned 2nd Assistant Sessions Judge, Siwan in Sessions Trial No. 161 of 2008, arising out of Darauli P.S. Case No. 97 of 2007, whereby the learned Assistant Sessions Judge has allowed the application filed by the prosecution under Sec. 319 of the Cr.P.C and consequently directed the petitioner to be summoned to face the trial.

(3.) Learned counsel for the petitioner submits that the petitioner was named in the FIR but after investigation, he was not sent up by the police and the concerned Magistrate also did not take cognizance against him. Thereafter, the prosecution filed a petition before the trial court to add the name of the petitioner in the cognizance order and that petition was rejected and thereafter, a petition was filed under Sec. 319 of the Cr.P.C. which was rejected, though not on merit, and thereafter, the prosecution again made a prayer under Sec. 319 of the Cr.P.C. to summon the petitioner.