IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2650 of 2008 1. ARBIND PRASAD SINHA 2. Nitesh Kumar Versus THE STATE OF BIHAR For the petitioners: Shri S.R.P.Sinha,Sr.Adv. Shri Indeshwari Pd.Mandal For the State: Shri Matloob Rab,A.P.P. ----------- 4. 1.7.2010 Heard. The solitary ground raised is that the order which was passed on 22.2.2004 summoning the petitioners under Section 319 of the Cr. P.C. was barred by the provision of Section 468 of the Cr. P.C. as it was virtually the order taking cognizance of an offence against the petitioners and then summoning them. The submission could be considered in the light of the provision of Section 319(4)(b) that any person who could be summoned under Section (1) of that particular provision maybe proceeded against as if such person had been an accused when the court took cognizance of the offence upon which the inquiry or trial was commenced. Needless to say that the order by which the court took cognizance of the offence under Section 319 Cr. P.C. refers back to that date on which the order of cognizance and summoning had been passed as regards the accused persons other than the one who had been summoned under Section 319 Cr. P.C. If one could go into the history of the above provision, i.e., the 41st Report of the Law Commission, one could find that the above aspect was fully considered by 2 the Law commission and then draft recommendations were made and this is how the provision of Section 319(4)(b) of the Cr. P.C. was drafted so as to taking care of any such infirmities and order which could be passed under Section 319Cr. P.C. After considering the said provision, I find that Section 468 of the Cr. P.C. could not be attracted as the order of cognizance could be said to have been passed on the date on which the order of cognizance was passed against accused other than the petitioners who have been summoned under Section 319 Cr. P.C.. The point raised appears of no consequence. The petition on that account appears meritless and the same is dismissed. Kanth ( Dharnidhar Jha, J.)