IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18137 of 2010 GULAB SAH, SON OF LATE NASIB SAH, RESIDENT OF VILLAGE – RAM NAGAR, P.S. PIPRA, DISTT. SUPAUL ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. RABINDRA SAH, SON OF LATE MANGAN SAH 3. GIRENDRA SAH, SON OF LATE ADHIKLAL SAH BOTH ARE RESIDENT OF VILLAGE – RAM NAGAR, P.S. PIPRA, DISTT. SUPAUL. ------ OPPOSITE PARTIES. ----------- 2. 27.1.2011 Heard the parties. The petitioner who is the Informant is aggrieved with the order dated 30.8.2008 passed by the Chief Judicial Magistrate, Supaul, in Pipra P.S. Case No. 38 of 2008 by which he has exonerated the Opposite Parties No. 2 and 3 and taken cognizance only against those who were charge sheeted by the police. At this stage, this Court finds it difficult to interfere in the matter since the case has already been committed to the court of Sessions and the trial is proceeding. In view of such, this application is disposed of with a direction to the trial court to consider summoning additional accused under Section 319 Cr. P.C. if there is any evidence forthcoming against them during trial. With these observations, the application is disposed of. S.Ali ( Anjana Prakash, J.)