IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44181 of 2007 OM PRAKASH YADAV S/O SRI GORAKH YADAV @ GANESH YADAV --- PETITIONER Versus 1. STATE OF BIHAR 2. BACHCHAN YADAV 3. BHULAN YADAV --- OPP.PARTIES. ----------- 05 23.08.2010 Petitioner has approached this Court against the order dated 16.08.2007 passed by learned trial Judge in Sessions trial no. 374 of 2005 ( amalgamated Sessions Trial no. 26 of 2006) whereby the prayer made on his behalf for summoning some additional persons as accuseds in terms of Section 319 of the Code of Criminal Procedure was considered and rejected. It was observed that the application was premature. Learned trial Court gave liberty to the prosecution to file another petition after examination of all other relevant prosecution witnesses cited in the charge sheet. This order was passed in 2007. The present matter remained pending in this Court for about 03 years. Consequently a status report was called for by order dated 19.03.2010. The report has been sent to and received in this Court and is placed as Flag-A. It appears the case is now posted for argument on 04.05.2010. Learned counsel for the petitioner submits that he is not in a position to state before this Court as to whether the trial Court has finally been disposed of or not. Be that as it may, having regard to the impugned order passed by the learned trial Court and observations made therein as also 2 keeping in view that the trial is at the fag end, this Court declines to interfere with the order impugned. The application is dismissed. Sym. ( Kishore K. Mandal, J.)