IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.34608 OF 2008 KRISHNA NANDAN SINGH, SON OF LATE DHUP NARAIN SINGH, RESIDENT OF VILLAGE ITAHARI, POLICE STTION NAYARAM NAGAR, DISTRICT MUNGER VERSUS THE STATE OF BIHAR ******* 3 01/04/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 26.07.2008 passed in Sessions Case No. 636 of 2006 by which the Additional Sessions Judge, Fast Track Court No. VI, Munger has summoned the petitioner Krishna Nandan Singh, the father-in-law of the deceased lady to face the trial. Learned Counsel for the petitioner submits that the petitioner is a constable and a Government servant. At the time of occurrence, he was posted in the Training Camp at Nath Nagar, Bhagalpur and as such he was not involved in the occurrence. In this case, 11 witnesses have been examined and after the examination of all the witnesses, an application has been filed to summon the petitioner to face trial. The mother-in-law of the deceased lady has already been convicted in this case. The Court has rightly proceeded with her case considering that she was in custody for a very long period and if the petitioner was to be tried in the present 2 case, it would amount to de novo trial and it would require that the witnesses to be re-examined vis-à-vis the allegation against the petitioner. After perusing the evidence and the order dated 26.07.2008, I find that the Court has summoned the petitioner on the basis of the evidence that has been gathered during the trial which indicates that a prima facie case is made out against the petitioner. The question of his alibi has to be considered during the trial and it cannot be a reason for rejecting the application under Section 319 of the Code of Criminal Procedure. In the result, this application is dismissed. Anand ( Sheema Ali Khan, J.)