DWARIKA PRASAD CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order of the 6th Additional Sessions Judge, Patna, dated 6.6.1977, by which he has summoned the petitioners for trial in exercise of power under section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') along with Srichand Mahton. It has been stated that after full investigation the final form was submitted only against Srichand Mahton, who was sent up for trial protest petition was also filed on behalf of the complainant which was rejected. After examination of five witnesses and on the application of the prosecution the impugned order was passed. It may be stated that the case was committed on 13,12.1975 by the Chief Judicial Magistrate. The prosecution case is not being stated as it is not relevant for the purpose of this application.

(2.) Learned Counsel for the petitioners submitted that section 319 of the Code which read with section 193 of the Code will apply only to triable by a Magistrate and not to triable by a Sessions Court. In my view there is no substance in this submission. Sections 193 and 319 of the Code apply to different fields in a proceeding. Section 193 read as follows :

(3.) In this view of the matter, there is no merit in this application and the order of the learned Sessions Judge as it stands is justified in law. In the result, the application is dismissed. Application dismissed.