Gauri Shankar Das @ Gauri Shankar Ram And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11249 of 2015 Arising Out of PS.Case No. -167 Year- 2012 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ===========================================================

1. Gauri Shankar Das @ Gauri Shankar Ram, son of late Ghura Das, &

2. Lalita Devi, wife of Sri Gauri Shankar Das @ Gauri Shankar Ram, both are resident of village - Mangrahiya, P.S. Baroon, District - Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ambika Ram, son of Sri Dudheshwar Ram, resident of village - Koshadihara Patralaya Padrawa, P.S. Jamhor, District - Aurangabad .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No.13, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 16-07-2015 The Petitioners submit that for the same cause of action Barun P.S. Case No.91 of 2012 has been instituted and hence the present complaint i.e. C.R.No.167 of 2012 pending before the Judicial Magistrate, 1st class, Aurangabad, should not be permitted to proceed.

This is another version of the same occurrence and it would be unfair to quash the same at the very inception. The application is disposed off with direction to the District & Sessions Judge, Aurangbad, to transfer Complaint Case No.167 of 2012 pending before the Judicial Magistrate, 1st class, Patna, before the same Court who is in seisin of Barun P.S. Case

Patna High Court Cr.Misc. No.11249 of 2015 dt.16-07-2015 2/2 No.91 of 2012, so that they can be tried simultaneously. (Anjana Prakash, J) JA/- U T