IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5410 of 2010 Nageshwari Devi W/O Mithlesh Yadav, Resident of Village- Deokali, P.S. Makhdumpur, Distt- Jehanabad ----- Petitioner. Versus 1. The State of Bihar 2. Vijoy Yadav son of Nathun Yadav, R/O Village Deokali, P.S. Makhdumpur, Distt. Jehanabad --- - Opp. Parties. ------ 2. 16.2.2010 Heard Mr. Surendra Kumar Mishra for the petitioner, and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor. This application under section 482 of the Code of Criminal Procedure 1973, is directed against the order dated 11.1.2010, passed by the learned District and Sessions Judge, Jehanabad in Criminal Revision No. 54 of 2008 (Nageshwari Devi Vrs. State of Bihar & Ors.), whereby he has refused to interfere with the order summoning the present petitioner to stand her trial in Trial No. 141 of 2008 (State Versus Mithilesh Yadav and others). We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that one Vijay Yadav lodged a First Information Report which was registered as Makhdumpur P.S. Case No. 65 of 2000, under 2 sections 147, 148, 323, 324, 325 and 307 of the Indian Penal Code on 24 3.2000, at Sadar Hospital, Jehanabad. Allegations were levelled against named persons for assaulting the informant and his family members with Lathi, Garasa and Danda. The police submitted charge-sheet on 4.9.2000, against four accused persons under sections 323, 324, 325, 34 of the Indian Penal Code, and submitted final form against Nageshwari Devi (present petitioner), Manoj Yadav and Manmati Devi. Charges were framed against the charge-sheeted persons on 10.4.2002, and the trial commenced. After prosecution witnesses had deposed, an application was filed under section 319 of the Code of Criminal Procedure on 9.3.2007, stating therein that the three accused persons against whom the police had submitted final form may be summoned for trial. The application was disposed of by the learned Sessions Judge, whereby he allowed the application with respect to the present petitioner who has been summoned for trial, and application was rejected against remaining two persons. Aggrieved by the 3 order, the petitioner preferred the aforesaid revision application which has been rejected. It appears to us on a perusal of the materials on record that the learned trial court found adequate materials which had come on record during the course of the trial and, on the basis of the deposition of five prosecution witnesses, he passed the order summoning the present petitioner to stand her trial. The learned Sessions Judge has in his impugned order observed as follows: “After hearing the submission of both the counsels and perusal of the lower court record, from the court below, there is specific deposition in examination-in-chief of informant P.W.4 and injured Baldeo, who has sustained injury on his cheek and lips, have stated that the Revisionist Nageshwari Devi has caused the said injury with intention to damage his eyes and the same averment is also available in the F.I.R. Both the witnesses were cross-examined at length but there is nothing to show that the present Revisionist Nageshwari Devi was not present or not caused the said eye injury.” We are thus of the view that the learned trial court has rightly allowed the application summoning the present petitioner. He has found adequate materials 4 during course of the trial which are valid, sound, and recognized basis in law to summon the accused persons to stand trial. We can not fail to notice that he declined to summon the remaining two persons against whom the application under section 319 of the Code of Criminal Procedure is concerned, which shows close application of mind on the part of the learned trial court. We, therefore, do not find any fault with the impugned order. In the result, this application is dismissed. In view of the position that the occurrence took place on 24.3.2000, the learned trial court would be well advised to conclude the trial expeditiously. Vinay/ ( S. K. Katriar ,J. )