IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10685 of 2010 MAMTA DEVI W/o Lal Bahadur Thakur, Resident of village- Bihra, P.S. Bihra, District- Saharsa ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 09.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 11.11.2009 passed by the Sessions Judge, Saharsa, in Cr. Revision No.54 of 2009, by which he has affirmed the order dated 05.02.2009 passed by the Sub-Divisional Judicial Magistrate, Saharsa, in Complaint Case No.213-C of 2002, by which he has refused to summon the accused Chandrakala Devi under the power of section 319 Cr. P. C. The courts below have held that since the said Chandrakala Devi was named initially in the complaint but summons was postponed against her and thereafter she was not arrayed as one of the accused persons she would not be categorized “as not an accused” as per the binding decisions of this court. In view of such, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash, J.)