IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31173 of 2009 Hiralal Manjhi @ Hira Manjhi, S/o late Nathuni Manjhi, resident of village-Kauria Tola Fateh Rai, P.S. Bhagwanpur “Hat”, District-Siwan Versus 1. The State of Bihar 2. Shatrughan Kumar Singh 3. Kedra Nath Singh Both sons of late Bhageshwar Singh, resident of village Kauria Tola Fateh Rai, P.S. Bhagwanpur “Hat”, District- Siwan ------------------------ 03. 19.12.2011 Heard Dr. Amarendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhaya, learned Additional P.P. appearing on behalf of the State. This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the „Code‟) has been filed for quashing the order dated 11.05.2009 passed by the learned Additional District & Sessions Judge 3rd, Siwan in Sessions Trial No. 281A of 2004, whereby the petition filed for recall of the order dated 28.02.2006, whereby summons was issued to the petitioner under Section 319 of the Code, has been rejected. Records of the proceeding manifest that the petitioner being aggrieved by the issuance of summon under Section 319 of the Code vide order passed on 28.02.2006 by the learned Additional District & Sessions Judge 3rd, Siwan, had challenged the same before this Court in Criminal Misc. No. 14055 of 2006 and which was dismissed as withdrawn by a bench of this Court by order passed on 25.04.2006. Having withdrawn his challenge to the order dated 28.02.2006 the petitioner next chose to file an application before the 2 court concerned for recall of the said order and which has since been rejected by the impugned order dated 11.05.2009. Considering the circumstances, no case for interference is called for. Application is dismissed. S.Sb/- (Jyoti Saran, J.)