Yogendra Singh @ Vijendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23527 of 2012 Arising Out of PS.Case No. -157 Year- 2010 Thana -null District- - =========================================================== Yogendra Singh @ Vijendra Singh son of Sri Ram Ekbal Singh, resident of Piroo, Police Station Haspura in the District of Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Raja Ram Singh son of late Sakuni Singh

3. Vijendra Singh son of Sri Raja Ram Singh

4. Rinku Kumari daughter of Sri Raja Ram Singh

5. Smt. Sikeshri Devi wife of Sri Raja Ram Singh, all resident of village Shankarpur, Police Station Baroon in the district of Aurangabad .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Bimal Kumar-II, Advocate For the Opposite Party/s : Mr. Ramakant Sharma, Sr. Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 23-02-2015 The Petitioner seeks quashing of the order dated 13.2.2012 passed by the Additional Sessions Judge IInd, Aurangabad in Sessions Trial No.313 of 2010 arising out of Baroon P.S. case No.157 of 2010, by which he has refused to amend the private Opposite Parties to face trial under Section 319 Cr.P.C.

It appears the application under Section 319 Cr.P.C. is to be allowed only under exceptional circumstances, which matter was considered by the Trial Judge after having looked into the evidence. In my opinion it is the decision of a Trial Court which is important at such stages and he not being satisfied on the evidence adduced on

Patna High Court Cr.Misc. No.23527 of 2012 dt.23-02-2015 2/2 behalf of the prosecution, I see no reason for interference in the matter.

The application stands dismissed.

Let the case diary be remitted to the Court below. (Anjana Prakash, J) Narendra/- U T