ANIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State.

(2.) THIS application has been filed for quashing of the order dated 12.1.2007 passed by the Additional Sessions Judge, Fast Track Court No. Ill, Madhubani in Sessions Trial No. 95 of 1998, by which on remand, petition of the prosecution filed under section 319 Cr.P.C. for summoning these three petitioners has been allowed. It appears that earlier petition under section 319 Cr.P.C. was filed by the prosecution which was rejected by the trial court by order dated 22.9.2001. Against the said order, prosecution party had moved this Court in Cr. Misc. No. 33544 of 2001. The said Criminal miscellaneous application was allowed by this Court by order dated 8.7.2004 and the order dated 22.9.2001 was quashed and the learned court below was directed to reconsider the matter and proceed in accordance with law.

(3.) ON receipt of the said order of this Court, learned trial court issued summons to the petitioners under section 319 Cr.P. C. to face trial. These petitioners, thereafter, moved the Supreme Court in Cr. Appeal Nos. 1082 and 1083 of 2006 against the order dated 8.7.2004 passed by this Court in Cr. Misc. No. 33544 of 2001. The Supreme Court by order dated 19.10.2006 disposed of the appeals and in view of the order of this Court directing the trial court to reconsider the matter and pass appropriate orders and also directed the trial court to consider the question in the light of the observations made in its order. The trial court was directed to consider the desirability of disposing of the matter as expeditiously as possible.