NARAYAN LAL BISHWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the judgment and order dated 6.2.1998 passed by the 1st Additional Sessions Judge, Purnea in Cr. Revision No. 28 of 1998 by which he allowed the revision application and set aside the order dated 30.5.1994 passed by the Judicial Magistrate, 1st Class, Purnea, in G.R No. 2181 of 1988 passed under Section 319 of the Code of Criminal Procedure issuing summons against opposite party Nos. 2 to 5.

(2.) THE fact of the case lies in a narrow compass.

(3.) MR . Rekha Mukund learned Counsel appearing on behalf of the petitioner assailed the impugned order passed by the revisional Court as being illegal and wholly without jurisdiction. Learned Counsel submitted that the revisional Court has committed grave error of law inasmuch as it has not considered the fact whether the material evidence exists for issuance of summons on opposite party Nos. 2 to 5. Learned Counsel further submitted that the revisional Court failed to appreciate the fact that the prosecution or the informant has no remedy left after submission of the final form by the police showing the accused as not sent up for trial except the evidence in Court. Learned Counsel lastly submitted that the revisional Court has not considered that no harm will be caused to any one in testifying the deposition of the witnesses in the trial.