IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8557 of 2008 1. Jagdish Singh, son of Late Lallu Singh, 2. Madhuri Devi, wife of Jagdish Singh, both residents of village Rajpur, PS Rajpur (Nasriganj), district Rohtas – petitioners. Vs. 1. The State of Bihar, 2. Nirmala Devi, wife of Shri Sanjay Singh, resident of D.R.L.R. Colony, Jakhibigha, Qr. No. 38, PS Dehri, district Rohtas – opposite parties. 2 1.2.2010 Heard the parties. This application has been filed for quashing the F.I.R. of Dehri PS Case No. 252 of 2007 registered on 20.9.2007 for the offences under sections 498A and 323/34 of the Penal Code. The facts giving rise to the filing of this case are that Nirmala Devi, opposite party no.2 gave a written report to the Officer Incharge of Dehri Town Police Station with respect to an occurrence that took place on 3.8.2007. The Dehri police sent the case to be registered at Rajpur (Nasriganj) police station where it was numbered as Rajpur (Nasriganj) PS Case No. 87 of 2007. Thereafter, complaint case No. 1046/2007 was instituted by opposite party no.2 for the same offence i.e. under sections 498A and 323 of the Penal Code. The Chief Judicial Magistrate on receiving the complaint petition asked for a report under section 210 of the Code of Criminal Procedure from the Dehri police on 6.8.2007. Dehri police instead of sending a report instituted a case, i.e. Dehri PS Case No. 252/2007. There appears to be a confusion in the mind of opposite party no.2. She had given her fard-e-bayan at Dehri and that was sent to Rajpur (Nasriganj) police station to record the case, where the matter is pending, whereas in the Complaint Petition No. 1046/2007, 2 the complainant has mentioned that she has instituted the case at Dehri. On the basis of her statement, the Chief Judicial Magistrate naturally called for a report from Dehri police. The Dehri police being, what it is, without examining the register etc. instituted a fresh case. These facts have been brought to the notice of the court. The effect is that since there are two cases recorded for the same occurrence, the petitioner would have to face the trial in both the cases which is not permissible under the law. Therefore, the court below is directed to pass appropriate order after hearing both the parties with respect to Dehri PS Case No. 252/2007 and Rajpur (Nasriganj) PS Case No. 87/2007. This application is, thus, disposed of. haque (Sheema Ali Khan, J.)