HARI KISHUN PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 10.11.2004 passed by the 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 177 of 1998/179 of 2000 by which he has issued summons to the petitioners to appear in the case as accused persons under the provisions of Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code.

(2.) HEARD .

(3.) PW -2 is not an eye -witness which is apparent from paragraph 4 of his evidence and PW -1 is the informant and inimical to the petitioners. Therefore, there was no sufficient evidence to convict the petitioners and so, the learned Additional Sessions Judge was not justified in summoning the petitioners as accused. He also relied upon the decision of the Apex Court in the case of Micheal Michado and others v. CBI and others, 2000 (2) East Cr C 461 (SC) : AIR 2000 SC 1127, and submitted that in view of that decision also the learned Additional Sessions Judge should not have issued summons against the petitioners.