IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18806 of 2010 MD.MAKSHUD son of late Abdul Jabbar, resident of village- Quahi, P.S.- Runnishaidpur, District- Sitamarhi …Petitioner Versus 1. THE STATE OF BIHAR 2. Taidul Khatoon wife of Munshi Mian, 3. Md. Habib son of Late Munshi Mian, 4. Md. Subhan, 5. Md. Inam & 6. Sukhi Baba sons of Late Munshi Mian, All resident of village- Aitwarpur, P.S. Bochaha, District- Muzaffarpur …Opposite Parties ----------- 2/ 03.02.2011 No one appears for the petitioner. The petitioner is aggrieved by the part of the order dated 19.9.2008 passed in Bochaha P.S. Case No. 64 of 2007, by the Chief Judicial Magistrate, Muzaffarpur, by which he has accepted the final report with regard to opposite party nos. 2 to 6 without notice to him even while proceeding against other accused. Since the order has already attained finality, I see no reason to interfere with the same. However, if during trial there is any evidence forthcoming with regard to other co-accused persons, the trial court will be at liberty to summon them under section 319 Cr. P. C. With the aforesaid observation, the application is disposed of. JA/- ( Anjana Prakash,J.)