IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15090 of 2008 Dhanik Lal Mahto Versus The State Of Bihar & Anr ----------- 04 08.09.2011 The petitioner has filed this application for quashing the order dated 29.01.08 passed by the Sessions Judge, Darbhanga in Cr. Rev. No. 465/07 dismissing the aforesaid Cr. Revision petition filed by the accused petitioner and other accused and also the order of summoning the accused persons dated 20.09.07 in Complaint Case No. 432/07 filed by O.P No. 2 in which after inquiry the case was found prima-facie to be true under Sections 147,323,341,379 and 504 I.P.C. Learned counsel appearing on behalf of the petitioner submits that prior to filing of the Complaint Case by O.P No. 2, Deo Narayan Lal Deo an F.I.R was lodged by the petitioner being Baheri P.S.Case No. 27/07 dated 1.4.2007 registered under Sections 341,323,448,379 and 504/34 of the I.P.C. against the family members of the OP No. 2 in which charge sheet has also been submitted by the police, due to that reason O.P 2 has filed the Complaint petition in which the petitioner is summoned illegally. On a perusal of the impugned order dated 29.01.2008 as also the summoning order dated 20.09.07 it appears that the Court of .J.M 1st class, Darbhanga on a perusal of the Complaint petition and statements of three witnesses found the case prima-facie to be true under Section 147,323,341,379 and 504 of the IPC and accordingly ordered for issuing summon to the accused persons. There is nothing in the impugned orders to show the abuse 2 of the process of court. As far as submission of learned counsel for the petitioner is concerned, no plea has put forth before this Court on the basis of which summoning order could not be issued. In the result this application is dismissed. It is made clear that petitioner is at liberty to raise the points which are raised herein at the appropriate stage in the trial. Namita ( Rajendra Kumar Mishra, J.)