IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.591 of 2007 SHILJHARO DEVI Versus STATE OF BIHAR & ORS ----------- 4. 9.9.2008. This application has been filed against the order of acquittal dated 27.2.2007 passed by Judicial Magistrate, Ist Class, Patna in Trial No. 1788 of 2007. Heard learned counsel for the petitioner and perused the impugned order. On perusal of the impugned order, it appears that in course of trial the prosecution examined only two witnesses. They did not support the case. On the other hand they told that no statement was recorded by the police. Accordingly, they were declared hostile. Apart from it, there was no material before the Court below. It is submitted on behalf of the petitioner that actually no summon or warrant was served upon the witnesses and the court below without exhausting the process closed the evidence of the prosecution. Considered the submission of learned counsel for the petitioner and also the fact and circumstances of the case. This is a case under Sections 323, 337, 341, 448/34 of the IPC. All sections are summons trial. It is - 2 - the case of the year 2004. The judgment was passed after three years of the alleged occurrence. Under the facts and circumstances, I am not inclined to interfere in the impugned order of acquittal. Accordingly, this application is dismissed. kanchan (Ghanshyam Prasad, J.)