IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11408 of 2010 ASHOKIYA DEVI @ MOSS ASHOKIA DEVI, WIFE OF LATE RAGHUNANDAN PASWAN, RESIDENT OF VILLAGE – JANKINAGAR, P.S. NAYA RAM NAGAR, DISTT. MUNGER. -------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. NIRMALA DEVI, WIFE OF RAJENDRA PASWAN 3. SANOJ PASWAN, SON OF RAJENDRA PASWAN 4. ANOJ PASWAN, SON OF RAJENDRA PASWAN 5. LALITA KUMARI, DAUGHTER OF RAJENDRA PASWAN ALL RESIDENT OF VILLAGE – JANKINAGAR, P.S. NAYA RAMNAGAR, DISTT. MUNGER. ------ OPPOSITE PARTIES. ----------- 2. 08.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 14.12.2009 passed by Judicial Magistrate, 1st Class, Munger, in Case No. 1177C of 2007 by which he has rejected the application under Section 319 Cr. P.C. filed on behalf of the petitioner. The learned court below has considered that their are binding decisions of this Hon’ble Court wherein it was held that in a Complaint Case if a Magistrate postpones issuance of summons against some of the accused persons named in the complaint and, thereafter, refuses to issue summons to them, such person cannot be termed as “not being the accused” and, therefore, they could not be summoned under Section 319 Cr. P.C. In view of such, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)