UPENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 26.5.2005 passed by the Fast Track Court No. II, Jamui in Sessions Trial No. 746 of 2003 by which he has directed to issue summons against the petitioners under Section 319 of the Code.

(2.) LEARNED Counsel for the petitioners submitted that according to the original prosecution story, the daughter of the informant was taken away by one Amanat Mian. In course of investigation, specially in the statement of the victim girl recorded under Section 161 of the Code, it transpired that one Chhotu Mian was also involved in thesaid crime of kidnapping the girl. Chargesheet was submitted against these two persons and the cognizance was taken. The case was committed to the court of Session and the trial begun. In course of trial the witnesses were examined and on the petition filed by the informant under Section 319 the learned trial court directed to issue summons against these two petitioners Upendra Yadav and Shashikant Yadav.