Md. Samsuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49548 of 2015 Arising Out of PS.Case No. -405 Year- 2012 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Samsuddin Son of Manzoor Alam Resident of Village - Naya Tola Begumpur, P.S. - K. Nagar District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Tahir Son of Md. Jamruddin

3. Md. Wazir Son of Md. Jamruddin

4. Md. Israfil Son of Late Md. All resident of village Naya Tola Begumpur, P.S. - K. Nagar District - Purnea

5. Md. Ramjan Son of Kalu Madar alias Md. Razzaque Resident of Village - Devi Nagar, P.S. - K. Nagar, District - Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. Smt.Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-03-2016 The petitioner seeks quashing of the order dated 12.08.2015 passed in S.T. No. 170 of 2013 arising out of K. Nagar P.S. Case No. 405 of 2012 CIS No. 3037 of 2013 by the Additional District Judge IV, Purnea.

I am surprised on the understanding of the trial Court by which he has rejected the prayer for summoning the additional accused under Section 319 Cr.P.C only on the ground that the investigation against them is still pending. This is not the law for his information and therefore, the court below is directed to pass a fresh order within three weeks on the petition filed for summoning the private opposite parties.

The application stands allowed.

(Anjana Prakash, J) Prakash/- U T