IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28272 of 2011 Mahendra Singh & Anr. Versus The State Of Bihar ----------- 2 09.09.2011 Heard learned counsel for the petitioner as well as learned A.P.P. Petitioner / accused have filed instant petition for quashing of order dated 22.06.2011 passed by 4th Addl. Sessions Judge, Vaishali at Hajipur in Sessions Trial No.293 of 1999 whereby and where under the prayer for issuance of summon against the Dr. Chandan Prasad Singh as D.W. has been rejected. Also peruse the order impugned. Section 233 of the Criminal Procedure Code prescribes the mode where under the accused, if intends, to produce his defence, could proceed with and sub-section 3 thereof puts an obligation upon the court to issue summon in case the same is prayed for by the accused. At this stage, the court is not at all to see and adjudge whether summon should be issued or not or the relevancy of the document, which is the matter to be adjudicated upon at the time of pronouncing of the judgment. Thus, the order impugned appears to be in contravention of Section 233 of the Cr.P.C. and is, accordingly, set aside. Consequent thereupon petition is allowed. It is directed that the learned court will summon against the doctor as had already been prayed for. PN (Aditya Kumar Trivedi,J.)