- (1.) IN this petition, the petitioner has prayed for quashing the order dated 17th January, 2005 passed by Sub -Divisional Judicial Magistrate, Deoghar in connection with T.R. No. 351 of 2005 (Deoghar P.S. Case No. 189 of 2000, corresponding to G.R. No. 500 of 2000), whereby the learned Sub -Divisional Judicial Magistrate has dismissed the petition filed by the informant under Section 319 Cr.P.C.
(2.) IT has been stated that in the said petition, the informant had sought addition of three persons as an accused on the ground of some materials appearing on record in course of the trial, showing the complicity of the said persons. Learned Sub -Divisional Judicial Magistrate has passed a detailed order after considering the facts and materials as also the provisions of law. It has been, inter alia, observed that the petitioner has sought addition of three ladies, namely, Renu Singh, Doli Singh and Manorma Singh as accused on the basis of the statement of P.W. 4. However, the said statements considered with other materials on record do not make out strong prima facie case for summoning the said persons as accused.
(3.) LEARNED court below has also noticed the order passed by this Court in W.P.(Cr.) No. 139 of 2003 filed by the informant, wherein this Court had observed that even after reinvestigation no fresh evidence or mala fide intention of the said person was found.;