LAWS(JHAR)-2009-6-12

NIMAI CHANDRA MANJHI Vs. STATE OF JHARKHAND

Decided On June 30, 2009
Nimai Chandra Manjhi Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

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

(2.) THE instant revision application is directed against the order dated 7.3.2008 by which order learned Sub -Divisional Judicial Magistrate, Bokaro issued summons on the petitioners u/s 319 of the Cr.P.C. Earlier notice was issued to the opposite party for hearing and disposal at the admission stage itself.

(3.) LEARNED Counsel for the petitioners has relied upon a decision reported in "2009(2) Eastern India Criminal Cases Page 144, Gaurchandra Gorain & Ors. V/s. State of Jharkhand & Anr". wherein it has been held that there must be evidence during trial or enquiry that the person summoned has committed some offence.