IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37055 of 2009 1. SABITA KUMARI D/O BAIJNATH SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 2. SANNU KUMARI @SARITA KUMARI D/O BAIJNATH SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 3. NIRU DEVI W/O AWADHESH SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 4. BABITA KUMARI D/O RAM DAYAL SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 5. ASHILESH SINGH S/O RAM DAYAL SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 6. SURYA MANIA DEVI W/O BAIJNATH SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 7. RAM PAYARI DEVI W/O RAM DAYAL SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 8. JAYEEBA KUER W/O RAM DHAYAN SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 9. JAGIA DEVI W/O SURESH SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL 10. GUDDU KUMAR @MITHILESH KR. S/O RAM DAYAL SINGH R/OVILL AMA BIGHA , P.S.& DISTT- ARWAL – Petitioners. Versus 1. THE STATE OF BIHAR – Opp. Party. ----------- 2 13.5.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order dated 29.6.2009 passed by FTC V (A.D.J), Jehanabad in S. T. No. 87 of 2006. An application was filed under section 319 Cr.P.C. by the prosecution to issue summons to the petitioners in this case on the basis of the evidence led by PWs 1, 2, 3 and 4. Counsel for the petitioners has produced copy of the evidence which has been handed over to the counsel for the State. On perusal of the evidence it appears that there is an allegation against petitioners 1, 2 and 4 that they had thrown some stones during the course of occurrence. There is no specific allegation against the other petitioners and it appears that asking them to face trial would not serve any purpose, as on the basis of the evidence that has been led in the court, it would be virtually impossible to convict petitioners 3 and 5 to 10. 2 Considering the aforesaid fact I direct the court below to reconsider the case of petitioners 3 and 5 to 10 and pass appropriate orders in the light of the observations made above. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)