IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18105 of 2007 BUDHI SAGAR PANDEY, son of late Radha Pandey, resident of village – Charitravan, Buxar, P.S. Buxar (Town), District – Buxar ……………. Petitioner Versus 1. STATE OF BIHAR 2. Ravindra Prasad Choudhary, son of late Jiyut Choudhary, resident of village – Charitravan, Buxar, P.S. Buxar (Town), District – Buxar. ……………. Opposite parties ----------- 07. 08.05.2009 Heard learned counsel for the petitioner and learned APP for the State. By virtue of exercise of power under section 319 of the Code of Criminal Procedure, petitioner has been summoned to face trial under section 302/34 of the Indian Penal Code read with section 27 of the Arms Act. The order in question is dated 29.3.2007 which has been passed by the Additional Sessions Judge-1, Buxar in Sessions Trial No.255 of 2004. The origin of the present case is fardbeyan which was given by the son of the deceased namely, Jiut Ram Chaudhary stating that on 7.2.2002 at about 9.30 PM the accused persons including the present petitioner entered the house variously armed and then committed the murder of the deceased, which led to the filing of the present case. Matter was investigated and the police decided to submit chargesheet against some of the accused persons but so far this petitioner is concerned, final form was submitted with a rider that further investigation be carried out in the matter. What happened to the further - 2 - investigation is not indicated but the trial proceeded and evidence was led. Many a witnesses have categorically stated the role specifically played by this petitioner, based on which a petition under section 319 Cr.P.C. came to be filed by the prosecution. The petition was heard and vehemently argued by both sides. The outcome of such submissions and contention both in law and facts is the impugned order. There are reasons recorded both in law and facts. The learned trial court came to a conclusion that a case for summoning the petitioner under section 319 Cr. P.C. is made out. Learned counsel representing the petitioner submits if the entire evidence is looked into which has formed the basis of impugned order, there are many contradictions which emerge and that by itself falsifies the allegation against the petitioner. According to him, if those contradictions are taken into consideration no order of conviction can be passed against the petitioner. If that is so, then summoning the petitioner under section 319 will serve no purpose and only amounts to an abuse of exercise of power under section 319 of the Code of Criminal Procedure. The Court has serious reservation on the submission made on behalf of the petioner in this regard. This Court records that the learned Additional Sessions Judge has been very fair in taking into consideration every submission and aspect of the matter in this regard and has rightly passed order in a well - 3 - considered manner. Since prima facie the Court does not find any illegality in the order impugned, no amount of contradiction would come to help the petitioner or compel this court to quash the impugned order which is otherwise in accordance with law. The application has no merit. It is dismissed. rkp (Ajay Kumar Tripathi, J)