SUNITA KUMARI DUBEY Vs. STATE OF BIHAR (NOW JHARKHAND) AND SMT. SARITA KUMARI
LAWS(JHAR)-2012-4-61
HIGH COURT OF JHARKHAND
Decided on April 05,2012

Sunita Kumari Dubey Appellant
VERSUS
State Of Bihar (Now Jharkhand) And Smt. Sarita Kumari Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner and learned counsel for the State. No one appears for the opposite party No. 2 in spite of service of notice upon her.
(2.) The petitioner has challenged the order dated 13.10.1999 passed by Sri N. P. Singh, learned Judicial Magistrate, 1 st Class, Ranchi in G. R. No. 428 of 1995 arising out of Lalpur P. S. Case No. 25 of 1995, T. R. No. 287 of 2000 whereby, in exercise of the power under Section 319 Cr.P.C., the Court has summoned the petitioner to face the trial along with the other accused person.
(3.) It appears from the order dated 21.9.95 taking cognizance and impugned order dated 13.10.1999, that in the F.I.R. the petitioner was named accused, but cognizance was not taken against her, as after investigation police had filed final form showing the petitioner's name in column 4 . However, it appears that in course of trial two witnesses were examined who have stated that assaults were made by the petitioner also and the Court below in exercise of the power under Section 319 Cr.P.C., issued summon to the petitioner for facing the trial along with the other accused.;


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