IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1141 of 2007 MAHABIR SHARMA @ MAMAVIR SHARMA Versus STATE OF BIHAR ----------- For the petitioner:- Mr. Ashutosh Singh Adv., For the state :- Mr. Gopesh Kumar, APP. --------- 2. 29.7.2008. Heard learned counsel for the petitioner. This application has been filed against the order dated 12.6.2007 passed in Sessions Trial No. 86 of 2005 by Fast Track Court IInd, Aurangabad thereby the petitioner has been summoned under Section 319 Cr.P.C.. On perusal of the record, it appears that this case is of the year 1992. In the year 1992 Fard Beyan was lodged. The police investigated the case but did not submit charge-sheet against this petitioner. In course of trial on 24.5.2002 after examination of P. Ws. 1 and 2 prosecution filed a petition under Section 319 Cr.P.C. for summoning this petitioner and one Ram Deo Singh. The same was not pressed, thereafter other witnesses and the informant were examined. After lapse of five years on 12.6.2007, the petition filed on 24.5.2002 was pressed and accordingly this petitioner has been summoned under Section 319 Cr.P.C. to face the trial along with other accused person. The submission of the learned counsel for the petitioner is that the order summoning the petitioner had been passed at a very late stage. There was also no compelling reason for summoning the petitioner under section 319 Cr.P.C. The order has been passed in mechanical manner without considering the scope of the provision. Considered the submission of the learned counsel for the 2 petitioner as also facts and circumstances mentioned above. In my view also there was no justification for the lower court to summon the petitioner under section 319 Cr.P.C. at the fag end of the trial. Accordingly, this application is allowed and the impugned order is hereby set aside. Kanchan (Ghanshyam Prasad, J.)