SINHESHWAR YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the opposite parties.

(2.) This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 18.04.2011 passed in Sessions Trial No. 147 of 2008, whereby the learned Additional Sessions Judge, -FTC -IV, Madhepura, rejected the application of the informant/petitioner filed under Section 319 Cr.P.C. to summon the opposite party nos. 2 to 4, who were named in the F.I.R., while the police submitted the final form against them.

(3.) Learned counsel for the petitioner submits that while P.W.1, Deep Narayan Yadav, P.W.4, Gajendra Yadav and P.W. 10, Meena Devi, have specifically stated about presence of opposite party nos. 2 to 4 at the time occurrence, but the learned Additional Sessions Judge, FTC IV, Madhepura, illegally rejected the application of the informant-petitioner summoning the opposite party nos. 2 to 4, under Section 319 of the Cr.P.C. relying only the evidence of P.W. 5, Kamleshwari Yadav.