IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9525 of 2009 BHAGRATHI DEVI @ BHIGIRTHI KUMARI DAUGHTER OF LATE AMBIKA CHOUDHARY, RESIDENT OF VILLAGE MAHARAJGANJ, POLICE STATION CHAPRA MUFFASIL, DISTRICT SARAN (CHAPRA) ….. PETITIONER. Versus THE STATE OF BIHAR ….. OPPOSITE PARTY. ----------- 2. 8.9.2010 The petitioner is aggrieved by the order dated 2.12.2008 by which the Additional District & Sessions Judge, Fast Track Court-V, Saran at Chapra vide Criminal Revision No.197 of 2007 has refused to set aside the order dated 14.6.2007 passed by the Judicial Magistrate, Ist class, Saran at Chapra in Trial No.60 of 2007, by which he has summoned the petitioner u/s.319 Cr.P.C. It has been submitted that the petitioner is lady and even though in the first information report she had been named, but final report was submitted in her regard and most of the witnesses stated during investigation that the petitioner had been falsely implicated. When the witnesses during trial disclosed the name of the petitioner as one of culprits of the crime, an application u/s.319 Cr.P.C. was filed for summoning the petitioner. The submission is that in the facts of the case, the chances of the petitioner being convicted is very remote and, therefore, the court should not have exercised its power u/s.319 Cr.P.C. Considering the same, this application is allowed - 2 - and the order dated 2.12.2008 passed by the Additional District & Sessions Judge, Fast Track Court-V, Saran at Chapra in Criminal Revision No.197 of 2007 and order dated 14.6.2007 passed by the Judicial Magistrate, Ist class, Saran at Chapra in Trial No.60 of 2007 are, hereby, quashed. Narendra/ ( Anjana Prakash, J. )