Patna High CourtCR. MISC./22284/2013dismissed

Manoj Shukla @ Manoj Kumar Shukla And ANR. v. State Of Bihar And ANR

2016-08-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22284 of 2013 ======================================================

1. Manoj Shukla @ Manoj Kumar Shukla

2. Binod Shukla @ Binod Kumar Sukla Both sons of Late Bharath Shukla R/O Village- Mathia, P.S.- Basantpur, District- Siwan .... .... Petitioners

Versus

1. The State of Bihar

2. Shankar Shukla S/O Late Babu Ram Shukla R/O Village- Mathia, P.S.- Basantpur, District- Siwan .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Mayanand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-08-2016 Heard Sri Prabhat Kumar, learned counsel for the petitioners and Sri Mayanand Jha, learned Addl. Public Prosecutor.

Two petitioners have approached this Court , invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 31.07.2012 passed by the learned Additional Sessions Judge, Fast Track Court no.1, Siwan in Cr. Revision no.27 of 2009. By the said order, the revision preferred by the petitioners against the order dated 10.12.2008 passed by the learned Judicial Magistrate, 1st Class, Siwan in Tr. No.155/09 was rejected. The learned Magistrate had summoned two petitioners under Section 319 of

Patna High Court Cr.Misc. No.22284 of 2013 (4) dt.08-08-2016 2/2 the Code of Criminal Procedure.

In this case, a report regarding stage of the case was called for , which has been received and it appears that though the petitioners were summoned in the year 2008 and even after rejection of revision petition, the case is still pending for appearance.

Keeping in view the fact that summoning order has already been affirmed by the revisional court as well as the fact that the case is pending for appearance since long, there is no reason to pass favourable order.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U