Ghanshyam Prasad @ Ghanshyam Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64180 of 2022 Arising Out of PS. Case No.-351 Year-2016 Thana- DALSINGHSARAI District- Samastipur ====================================================== GHANSHYAM PRASAD @ GHANSHYAM PRASAD SAH Son of Late Siya Ram Sah Resident of Village- Bhagwanpur Chakshekhu, Main Bajar, Ward No.-6, P.S.- Dalsingsarai, District- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunil Kumar Bambam Son Of Late Satya Narayan Resident Of VillageBhagwanpur Ward No.-6, Chakshekhu P.O And P.S.- Dalsingsarai, DistrictSamastipur 3.
Anil Kumar Son Of Late Kedar Sah Resident Of Village- Bhagwanpur Ward No.-6, Chakshekhu P.O. And P.S.- Dalsingsarai, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2023 Heard the parties.
This application has been filed for quashing the order dated 22.07.2022, passed in Sessions Trial No. 322/2017. On a petition dated 21.06.2019 filed under Sections 319 of Cr. P.C. which was rejected by the Additional Sessions Judge, Dalsinghsarai whereby and whereunder learned Court below has pleased to reject the petition for issuance of summons to the opposite party no. 2 and 3 as additional accused in this case to face trial as contained in Annexure-4 to this petition. The petitioner is aggrieved by the order dated 22.07.2022 passed in Sessions Trial No. 322/2017 by which the
Patna High Court CR. MISC. No.64180 of 2022(2) dt.08-05-2023 2/2 petition dated 21.06.2019 filed by the petitioner has been rejected by the Court below.
The Court below by a detailed impugned order has dismissed the petition filed under Section 319 of Cr.P.C. The earlier application filed by the petitioner under Section 319 of Cr. P.C. was rejected on 06.11.2017 and that order was not challenged by the petitioner in any Court. Again on the same facts, another application under Section 319 of Cr.P.C. filed by the petitioner which has been rejected. There is no illegality in the order.
Accordingly, this application is dismissed.
(Sandeep Kumar, J) Shishir/- U T