RAM PRABODH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the impugned order, the petitioners three in number have been summoned to face trial under Section 319 Cr.P.C. in Sessions Trial No. 91/98 arising out of Khajauli P.S.Case No. 130/95 under Section 302/34 IPC.

(2.) THE FIR was instituted against unknown. The police submitted charge sheet against six persons, namely, Har Nonia, Ram Parichhan Nonia, Bisheshwar Sadai, Ram Kishore Yadav, Ramprit Sadai and Badri Sadai. The later four were shown as absconders. The cognizance was accordingly taken against Hari Nonia and Ram Parichhan Nonia. The informant moved Sessions Court against the order refusing to take cognizance against the petitioners in Cr. Rev. No. 934/96.The Sessions Court by order dated 19.11.97 declined to interfere. It however, observed that the informant will get opportunity to get the persons summoned in course of trial under Section 319 Cr.P.C. on the basis of the evidence of the prosecution witnesses. The impugned order was thereafter passed on 20.10.98.

(3.) IT is made clear that this order has been passed on the basis of the evidence of the aforesaid two witnesses only. In case, any other prosecution witness has been examined after 1.7.1998 or is examined in future, it will be open to the court below to pass a similar order under Section 319 Cr.P. C. in accordance with law.