IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25456 of 2007 MD. HABIBUR REHMAN son of Abdul Gafoor, resident of village Jhuni Istambrar, P.S. K. Nagar, District Purnea. Versus 1.STATE OF BIHAR 2.Md. Basir son of late Haji Azizur Rehman 3.Meena Khatoon wife of Md. Basir 4.Md. Raju Son of md. Basir. All resident of village Jhunni Istambrar, p.S. K. Nagar, District Purnea. ----------- 6 5/2/2010 Heard counsel for the petitioner, counsel for the State as also counsel for the opposite party nos. 2 to 4. The grievance of the petitioner as with regard to the order dated 28.2.2007 dropping criminal prosecution against opposite party nos. 2 to 4 seems to be misconceived. The police had admittedly submitted final form against opposite party nos. 2 to 4 and the learned Magistrate has not differed with such police report and therefore such order passed accepting the final form cannot be faulted in law. Grievance of the petitioner is that a protest petition filed as with regard to exonerating the opposite party nos. 2 to 4 at least was not made subject matter of the impugned order. Mr. J.P. Verma, learned counsel for the opposite party nos. 2 to 4, in fact, informs this Court that such protest petition was allowed to be kept on record but was never pressed. Mr. Bhagat has also informed that now the case has been committed to the court of Sessions. In that view of the matter, any order now to be passed 2 in respect of the same offence can be only made subject matter before the trial court. The procedure in law with regard to summoning the additional persons not made an accused is well settled under section 319 of the Cr.P.C. That being so, this application is disposed of with a liberty to the petitioner to approach the trial court at an appropriate stage. Abhay Kumar ( Mihir Kumar Jha, J.)