IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1450 of 2009 KAVINDRA YADAV @ KAVINDRA PRASAD & ANR Versus STATE OF BIHAR ----------- 2. 2.4.2010 Heard both the parties. The grievance of the petitioners is that the order of summoning dated 4.12.2006 passed by the Sub-divisional Judicial Magistrate, Masaurhi in Dhanarua P.S.Cse No. 191 of 2005 was completely erroneous because the two petitioners, namely, Kavindra Yadav alias Kavindra Prasad and Sachchida Nand Prasad had not been sent up by the police while submitting the Final Form in the above noted case by which some other accused persons named in Column No.11 of the Final Form had been sent up. In support of the contention a decision of the learned Single Judge of this Court reported in 2007(2) B.B.C.J. 330 Ramnandan Singh @ Ram Nandan Yadav Vs. State of Bihar was placed before me. It appears from perusal of the above noted decision of the learned Single Judge of this Court that reliance was placed on some of the decisions of the Supreme Court in Kishori Singh and others Vs. State of Bihar and another reported in (2004) 13 S.C.C.11, Ranjit Singh Vs. State of Punjab reported in (1998) 7 S.C.C. 149 and some other decisions. If one could peruse those decisions, specially, in Kishori Singh and Ranjit Singh( Supra) one could find that in both the matters the orders of summoning were passed by the 2 Sessions Judge in the light of the provision of Section 193 of the Cr. P.C. on the prevailing judgment of the Supreme Court at that time reported in Kishun Singh Vs. State of Bihar reported in (1993) 2 SCC 16: 1993 SCC(Cri.) 470 which decision was overruled by the decision in Ranjit Singh‘s case ( Supra). As regards the present petition, the order passed by the learned Magistrate appears fully covered by the Full Bench decision of this Court in Kuli Singh Vs. State of Bihar reported in 1978 B.B.C.J. 400= 1978 P.L.J.R.500 which judgment was passed after considering the decision of the Supreme Court in Abhinandan Jha V. Dinesh Mishra reported in A.I.R. 1968 S.C. 117, Raghubansh Dubey V. State of Bihar reported in A.I.R. 1967 S.C. 1167, etc. The order appears perfectly justified. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)