Usha Devi @ Uma Devi and Others vs The State of Bihar and Another

Anjana Prakash, J.—The Petitioners seek quashing of the entire proceeding including the order dated 10.5.2005 passed by the 1st Additional Sessions Judge, Bhabhua in Cr. Rev. Nos. 60/18 of 03/04 by which he has affirmed the order dated 2.4.2003 passed by the Judicial Magistrate, 1st Class, Bhabhua in G.R. Case No. 492/02, Tr. No. 278/03 arising out of Ramgarh P.S. Case No. 49/02 by which he has summoned the Petitioners under the provision of Section 319 Cr.P.C. It appears that the Opposite Party had instituted Ramgarh P.S. Case No. 49/02 against 11 accused persons under petty offences. After investigation all the ladies were exonerated and final report was submitted in their regard. During trial when some witnesses deposed that the Petitioners had also committed such offences of petty nature on which they were summoned u/s 319 Cr.P.C.

The Petitioners submit that the summons of the Petitioners in the facts of the case is not justified.

On the other hand, learned Counsel for the complainant submits that the Court was perfectly right in summoning the petitioners since there was evidence in their regard.

Considering the principle of law that Section 319 Cr.P.C. is an extraordinary power which should be very sparingly exercised to summon the petitioners in such a petty offence of the year 2002 is not justified. Hence, the application is allowed and the entire proceeding including the order dated 10.5.2005 passed by the 1st Additional Sessions Judge, Bhabhua in Cr. Rev. Nos. 60/18 of 3/04 by which he has affirmed the order dated 2.4.2003 passed by the Judicial Magistrate, 1st Class, Bhabhua in G.R. Case No. 492/02, Tr. No. 278/03 arising out of Ramgarh P.S. Case No. 49/02 is, hereby, quashed.