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Patna High CourtCR. MISC./33200/2014dismissed

Mamta Devi v. The State Of Bihar

2015-04-09Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33200 of 2014 Arising Out of PS.Case No. -27 Year- 2013 Thana -MAHILA P.S. District- MUZAFFARPUR =========================================================== Mamta Devi Wife of Late Ramayan Ram Resident of Mangla Gauri, P.S.-Civil Lines, District-Gaya.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-04-2015 The petitioner seeks quashing of the order of cognizance dated 24.01.2014 passed by the Judicial Magistrate 1st Class, Muzaffarpur in Tr. No. 4833 of 2014 arising out of Muzaffarpur Mahila P.S. Case No. 27 of 2013 on the ground that three cases have been instituted for the same cause of action. On consideration of facts of the case, I find no merit in the application. The same is rejected.

However, on perusal of the case diary it appears that the accused mostly are common in the three cases filed under similar offences.

The report of 1st Addl. Sessions Judge-cum-Spl Judge, POCSO Act in this regard is that the three cases can be amalgamated

Patna High Court Cr.Misc. No.33200 of 2014 dt.09-04-2015 2/2 in terms of Section 223 Cr. P.C.

Hence the Court below is directed to amalgamate the three cases for convenience of the parties.

It is made clear that the informant of all three cases shall have the right to bring the contents of three respective first information reports on record during trial.

Let the case diary be immediately returned to the Court below.

(Anjana Prakash, J) Prakash/- U T