Patna High CourtCR. MISC./3009/2016disposed

Rajiv @ Lukesh And ANR v. State Of Bihar And ANR

2016-08-29Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.3009 of 2016 (2) dt.29-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3009 of 2016 Arising Out of PS.Case No. -1214 Year- 2010 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Rajiv @ Lukesh

2. Sarvesh Mahto Both are sons of Kapildeo Prasad, resident of Village- Adarsh Nagar Harnaut, PS.- Harnaut, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Indra Devi Wife of Devendra Singh resident of Village- Mohalla Dak Bangla Road, Harnaut, P.S.- Harnaut, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. M.Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-08-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioner has raised the grievance that Indra Devi, the complainant of Complaint Case No. 1214C of 2010 has lodged the case against five persons and for the same incident her husband has also lodged the Police case as Harnaut P.S. Case No. 215 of 2010 against four persons. The counsel for the petitioners has raised grievance that for the same occurrence, two persons have made accused and at two places, the cases lodged should not proceed separately, which will cause prejudiced to the petitioners.

Patna High Court Cr.Misc. No.3009 of 2016 (2) dt.29-08-2016 The petitioner is right, he cannot be put to incarceration twice for the same offence.

The Magistrate would examine the matter and if it is found that both the cases have been lodged for the same accident, will exercise the power under section 210 Cr.PC for amalgamation of both the cases. The petitioner should not be harassed twice for same incident.

Accordingly, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U T