IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57049 of 2007 JAIPRAKASH GUPTA, SON OF LATE DEVNAND SAH @ DEVNANDAN SAH, RESIDENT OF VILLAGE GULAURA, P.S. GOPALPUR, DISTRICT GOPALGANJ, AT PRESENT RESIDING AT DEVDAS DRIVER, RAJENDRA NAGAR, P.S. GOPALGANJ, DISTRICT GOPALGANJ.-- PETITIONER Versus 1. THE STATE OF BIHAR 2. FAZAL IMAM, SON OF YUSUF KHAN 3. SABIR ALI KHAN, SON OF ABDUL RAHIM KHAN BOTH RESIDENT OF BIHAR TRACTORS, STATION ROAD, SIWAN, P.S. SIWAN, DISTRICT GOPALGANJ. 4. EICHER TRACTOR (A UNIT OF EICHER LTD. PATNA, 168 PATLIPUTRA COLONY, PATNA, P.S. PATLIPUTRA COLONY, PATNA. --- OPPOSITE PARTIES ----------- 2 6.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the opposite parties. This application has been filed challenging the order dated 3.10.2007, passed in Case No. C 217 of 2004/1795 of 2007 by the Judicial Magistrate, 1st Class, Gopalganj. Counsel for the petitioner submits that the Court should summon the Manager, Eicher Tractor under Section 319 of the Code of Criminal Procedure. The Court below has rightly rejected the application as this is not the stage for issuance of summons under Section 319 of the Code of Criminal Procedure. The Court is already aware of the fact that unless during evidence there is material to show that the Manager is guilty of the offences alleged, no case arises for issuance of summons. This application is dismissed. Sanjay (Sheema Ali Khan, J.)