Revision against summons issued under Section 319 Cr.P.C. after three witnesses were examined. Petitioners had entered appearance, faced framing of charge and cross-examined a witness. Having submitted to the trial court's jurisdiction, they cannot contest the Section 319 order. Revision dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.1296 of 2018
Arising Out of PS. Case No.-55 Year-2012 Thana- SARE District- Nalanda
======================================================
Mahendra Yadav @ Mahendra Prasad Son of Suryug Yadav @ Pujari Ji, Resident of Village- Mandachh, P.S.- Deep, District- Naland.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Respondent/s : Sri Ajay Kumar Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
6 01-02-2024
It is frankly submitted by the learned Advocate for the petitioners that after examination of three witnesses upon an application under Section 319 of the Cr.P.C., the petitioners were summoned by the trial court to face trial along with the other chargesheeted accused persons. The petitioners on the basis of summons, entered appearance in the trial court. Charge was framed against them and on behalf of them, one witness has been cross-examined by the learned Advocate on behalf of the petitioners in the trial court.
Patna High Court CR. REV. No.1296 of 2018(6) dt.01-02-2024 2/2
disposed of.
(Bibek Chaudhuri, J)
Guddu/-
U T
1 issue framed by the court
Whether a person summoned under Section 319 Cr.P.C. after submitting to trial jurisdiction can still challenge that summons order in revision.
1 provisions across 1 enactments
Mahendra Yadav @ Mahendra Prasad
The State of Bihar
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
