IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32228 of 2006 BABAN SINGH . Versus STATE OF BIHAR . ----------- 5 26.3.2010 The petitioner seeks quashing of the order dated 10.5.2006 passed in S.T.No.20/2001 by the learned Additional District & Sessions Judge, F.T.C. Ist, Ara whereby he summoned the petitioner and one Bharat Singh to face trial under section 319 Cr.P.C. Learned counsel for the petitioner submits that the police after investigation found the alibi of the petitioner to be true and final form has been submitted in his favour. The informant did not challenge the police report nor did file any protest petition. Learned Chief Judicial Magistrate by the impugned order dated 5.6.2000 exonerated the petitioner of the offences whereas he summoned other accused to face trial. He further submits that the impugned order allowing the petition under section 319 Cr.P.C. would amount to setting aside the order taking cognizance by him. He submits that the petitioner has been implicated in this case as he was witnessed against one Jainath Singh, brother-in-law of the informant in a case lodged vide Udwantnagar P.S. Case No.145 of 1998. Learned counsel for the informant submits that co-accused Bharat Singh who was also summoned by the same impugned order dated 10.5.2006 also filed a quashing application bearing Cr.Misc.No.35879 of 2006 which was dismissed by a bench of this court by order dated 17.11.2006. In view of the aforesaid facts and circumstances that the 2 KHAN quashing application of co-accused Bharat Singh, who was also summoned by the same impugned order dated 10.5.2006, has been rejected by this court, I am not inclined to interfere in this matter. This application is accordingly dismissed. However, it would be open to the petitioner to raise all these points in the trial. (S.P.Singh,J)