IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48397 of 2008 1. Ramashish Prasad, son of Late Tulsi Prasad. 2. Bijoy Prasad, son of Ramashish Prasad. 3. Sanjay Prasad alias Sanjay Kumar, son of Ramashish Prasad. All are resident of village-Baharampur, Police Station- Dhanarua, District-Patna. ……………………………………………..Petitioners. Versus 1. The State Of Bihar. 2. Udhab Prasad, son of Late Jagdish Prasad, resident of village-Baharampur, Police Station-Dhanarua, District-Patna. ………………………………………Opposite Parties. ---------------------------------- For the Petitioners : Mr. Ambika Bhagat, Advocate. For the State : Mr. Gauri Shankar Gupta, A.P.P. For O.P. No.2 : Mr. K.N. Diwakar, Advocate. ------------------------------------- 3. 29.8.2011. Heard. This application, under Section 482 of the Code of Criminal Procedure, is for quashing the order dated 22.9.2008 passed in Dhanarua P.S. Case No.79 of 2000 by the Sub Divisional Judicial Magistrate, Masaurhi, Patna, whereby he has allowed the petition dated 5.5.2008 filed under Section 259 of the Code of Criminal Procedure by the opposite party no.2 accepting to convert the summon trial into a warrant trial. From the impugned order, it appears that after 2 examination of the three witnesses, a petition under Section 259 of the Code of Criminal Procedure was filed on behalf of the informant/opposite party no.2 to convert the summon trial into a warrant trial. The Sub Divisional Judicial Magistrate on perusal of the statements of the three witnesses arrived at the conclusion that the offence under Sections 147, 148, 452, 323, 504 and 526 of the Indian Penal Code besides Section 27 of the Arms Act are made out against the accused-petitioners and the evidence has also been adduced against the accused-petitioner no.3, Sanjay Prasad, for the offence under Section 379 I.P.C. and accordingly the Sub Divisional Magistrate has allowed the petition accepting to convert the summon trial into a warrant trial. Section 259 of the Code of Criminal Procedure confers the power to the court to convert summon cases into warrant cases, if it is in the interest of justice. I find no illegality in the impugned order dated 22.9.2008 to interfere with the same. Accordingly, this application stands dismissed. P.S. (Rajendra Kumar Mishra, J)