Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45492 of 2010 ====================================================== Ram Ashray Mahto, S/O Sukhlal Mahto, Resident of Village Sadikpur, P.S. Kanti, District Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Kameshwar Mahto, S/O Late Gogendra Mahto, Resident of Village – Sadikpur, P.S. Kanti, District Muzaffarpur. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 18-05-2012 Heard Sri Shashi Bhushan Singh, learned counsel for the petitioner and Sri Hriday Prasad Singh, learned Additional Public Prosecutor. The sole petitioner, while invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, has firstly prayed for quashing of an order dated 4.10.2010, passed by learned Sessions Judge, Muzaffarpur, in Cr. Revision No. 126 of 2010, which was preferred against order dated 16.10.2009, passed by learned Judicial Magistrate 1st Class, Muzaffarpur, in Complaint Case No. 591 of 2009 arising out of Kanti PS Case No. 143 of 2008. The learned Magistrate by the said order has rejected the prayer of the petitioner for amalgamating Complaint Case No. 591 of 2009 with Sessions Trial No. 875 of 2008. It was submitted by learned counsel for the petitioner Patna High Court Cr.Misc. No.45492 of 2010 (2) dt.18-05-2012 2 / 3 2 that on the same date case and counter cases were filed. The petitioner was made accused in Kanti PS Case No. 142 of 2008, for the offence under [STATUTE] . On the same date from the side of petitioner one another case vide Kanti PS Case No. 143 of 2008 was lodged against informant side of Kanti PS Case No. 142 of 2008 for the offence under [STATUTE] . It was admitted by learned counsel for the petitioner that in case which was instituted from the side of petitioner Police after investigation submitted final report, and thereafter, on protest complaint case was initiated vide Complaint Case No. 591 of 2009 and case is being proceeded before the learned Magistrate. In the meanwhile, in Kanti PS Case No. 142 of 2008, Police after investigation submitted charge sheet under [STATUTE] against the petitioner and others. Thereafter, the case was committed to the court of Sessions and trial in Kanti PS Case No. 142 of 2008 corresponding to Sessions Trial No. 875 of 2008 is going on. It was submitted by learned counsel for the petitioner that since on the same date two FIRs were lodged it was required on the part of Magistrate to allow the petition for amalgamation which was rejected by the learned Magistrate. Thereafter, Patna High Court Cr.Misc. No.45492 of 2010 (2) dt.18-05-2012 3 / 3 3 petitioner preferred revision which too stood rejected. After going through the materials available on record as well as hearing learned counsel for the parties, the court is of the opinion that learned Magistrate was having no authority to pass such order for amalgamation keeping in view the fact that petitioner being accused for the offence under [STATUTE] , is being tried by the Sessions Court. However, the case which was lodged from the side of petitioner resulted in submission of final report and on protest petition case has proceeded that too being triable by the Magistrate is pending before the Magistrate. Moreover, order passed by the learned Magistrate was assailed by the petitioner in revision which was dismissed by the Revisional Court. Once revision was dismissed affirming the order of Magistrate, the petitioner was also not entitled to approach this court in the garb of filing a petition under Section 482 of the Code of Criminal Procedure. This amounts to second revision which is barred under Section 397(3) of the Code of Criminal Procedure. On both counts the petition stands dismissed. Praful/- (Rakesh Kumar, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.