IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.12001 OF 2010 1. BHUNESHWAR DWIVEDI, SON OF LATE RAMCHARITARA DWIVEDI 2. LAL KISHORE DUBEY, SON OF BHUNESHWAR DWIVEDI 3. RAMESHWAR DWIVEDI, SON OF PARASNATH DWIVEDI 4. UMESH DWIVEDI, SON OF PARAS DWIVEDI 5. RAMANAND DWIVEDI, SON OF PARAS DWIVEDI ALL ARE RESIDENT OF VILLAGE SISWA KHARAR, POLICE STATION KALYANPUR, DISTRICT EAST CHAMPARAN …………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RAJKISHORE DWIVEDI, SON OF SATYADEO DWIVEDI, RESIDENT OF VILLAGE SISWA KHARA, POLICE STATION KALYANPUR, DISTRICT EAST CHAMPARAN …………………………………………………………………………OPPOSITE PARTIES ******** 2 11/05/2010 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioners submits that the Court below would not have summoned the petitioners as they were named accused persons in the First Information Report and the Investigating Officer has submitted final form exonerating them from the occurrence in question on the ground that the Investigating Officer has found that they were not present at the place of occurrence. The Court below on the other hand, on the basis of the evidence of PWs 2, 3, 4 and 5 has found that the petitioners have been named as participating in the alleged occurrence. Considering this aspect, I do not think that the order dated 22.02.2010 passed by the Additional Sessions 2 Judge, Fast Track Court No. I, Motihari in Sessions Trial No. 177 of 2000 warrants interference. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)