1. This application has been filed for quashing the order dated 23.12.2005 passed by the learned A.D.J. (F.T.C.) 1st, Bhojpur (Ara) arising out of Session Trial No. 55/ 2003 by which the learned Court below has issued summons/warrant of arrest against the petitioners under Sec.319 of the Code of Criminal procedure (in short the Code) during the pendency of police investigation against the petitioners.

2. It has been submitted that the Investigating Officer has neither submitted final report nor chargesheet in this case and the case is under Police investigation. As such, the learned Court below has no jurisdiction to proceed under Sec.319 of the Code during the pendency of investigation against the named accused persons.

3. It has also been submitted that the chargesheet has been submitted by the I.O. vide charge sheet No. 4/95 against one accused Deo Nath Bind and cognizance has been taken against him.

4. It has also been submitted that the entire proceeding of the Court below has been stayed awaiting the final form against the petitioners.

5. In this connection, the learned counsel for the petitioners has relied on a decision reported in 2000 (2) P.L.J.R. 784 (Sambhu Sing