IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24335 of 2011
Rabindra Nath Mishra, Son of Satyadeo Mishra, resident of village-Haradiya,
P.S.-Pachrukhi, District-Siwan. ...........Petitioner.
Versus
1. The State of Bihar.
2. Pinki Kumari,
3. Reena Kumari.
Both daughters of Mukti Nath Mishra, resident of village-Haradiya, P.S.-
Pachrukhi, District-Siwan.
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2. 25.07.2011 Heard learned counsel for the petitioner and learned
counsel appearing for the State.
The petitioner is aggrieved by order dated 9.6.2011,
whereby his application filed on behalf of the informant for
summoning opposite party No. 2, Pinki Kumari and opposite party
No. 3, Reena Kumari in exercise of power under Section 319 of the
Cr. P.C. has been rejected.
I have perused the order passed by the court below. In
this case, the prosecution has examined all the witnesses and when
the case was going on for argument, the application under Section
319 Cr. P.C. was filed.
It is well-settled that the power under Section 319 Cr.
P.C. can be exercised at the discretion of the court, only in
exceptional circumstances and for compelling reasons.
I find that there is no error in the order dated 9.7.2011
passed by the trial court. Accordingly, the present application is
dismissed.
Sanjeet/ (Ashwani Kumar Singh, J.)