Hon'ble Shri Narayan Shukla,J. 1. No doubt, the application moved under section 319 Cr.P.C.? for summoning? Mr. Kulwant Singh one of the accused is pending consideration and this Court by means of? order dated 6th September, 2010? passed? in Criminal Case No. 3030 (482) of 2010 allowed the petition and remanded back to the trial court with the? direction? to decide the? application moved? by the prosecution under section 319 Cr.P.C.? afresh. In the meantime, it appears that? the complainant moved an application? to reject the application? moved under section 319 Cr.P.C., which has been rejected? by the order impugned dated 4.1.2011? on the ground that? the application? for summoning is pending? consideration. 2. Whereas on the other hand, Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate? submits that? after moving the application? it becomes the prosecution case and the complainant has no right? to get it not pressed. ? Today? the date is fixed before the trial court? for disposal? of the application, therefore, I hereby? observe that at the time of? disposal of? the application? moved under section 319 Cr.P.C. the application moved by the complainant for not pressing the application shall be considered and disposed of after hearing the the parties concerned. 3. Keeping in view the aforesaid facts, I hereby observe? that? at the time of? disposal of the application , all these facts shall be considered and appropriate order shall be passed? by the court below. To this extent order impugned dated 4.1.2011 (Annexue No.1) is modified. The petition? is disposed of finally. ?