IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.407 of 2009 ACHHE LAL NISHAD S/O LATE BHAVSAGAR NISHAD --- PETITIONER. Versus 1. THE STATE OF BIHAR . 2. CHHOTE LAL PRASAD S/O SHRAVAN PRASAD --- OPP. PARTIES. For the petitioner : Mr. Ashutosh Kumar, Advocate. For the State : Mr. Parmeshwar Mehta, APP ----------- 03 04.11.2010 Petitioner is the informant. He is aggrieved by order dated 18.11.2008 whereby the final form/report was accepted whereby one accused (opposite party no.2) cited in the F.I.R. was not sent up for trial. Others who had been sent up by the Investigating Officer are already facing trial. Section 319 of the Code of Criminal Procedure (herein after referred to as the ‘Code’) enables the prosecution to approach learned trial Court by filing appropriate application for proceeding against those who are not facing the trial, if there is/are sufficient evidence on record. The informant may invoke the aforesaid provision. The application is dismissed with aforesaid observation. Sym ( Kishore K. Mandal, J.)