IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4908 of 2009 BINDU CHAUDHARY & ANR Versus STATE OF BIHAR & ANR ----------- 4. 03.12.2010 Heard learned counsel for the petitioner and the State. The grievance of the petitioner that a complaint case No. C-1793 of 2007 (Trial No. 2559 of 2008, and Katoria P.S. Case No. 145 of 2007 although arises out of the same. With regard to the occurrence Katoria P.S. case no. 145 of 2007 was filed however, in the said P.S. case. The charge-sheet was submitted against one accused person, Bindu Chaudhary out of the two accused Bindu Chaudhary and having Ram Kishan Chaudhary mentioned in 7th. However, the cognizance was taken only against Bindu Chaudhary. It has further been submitted that with regard to the same occurrence, the complaint case has been filed against four accused persons and process has been issued against all the four accused persons after taking cognizance. The grievance of the petitioner that is both cases, the trial of proceeding separately. However, having regard to the fact and in 2 view of the section 210 of the Cr.P.C. When complaint and police case has lodged with regard to the same occurrence then the complaint be kept in abeyance the submission of charge-sheet in police case and after the submission of the charge-sheet. The complaint case and police case shall proceed together. Having regard to the fact that the cognizance has already been taken in the police case against one accused person and in the complaint case the cognizance against all four persons have already been taken then complaint case and the police case be complaint as well as clubbed together and both the cases to proceed analogues. Hence, under the fact and circumstances the two cases are ordered that the two cases Katoria P.s. case no. 145 of 2007 and complaint case C-1793 of 2007 (Tr. No- 2559 of 2007) be clubbed together. Devendra/ ( Gopal Prasad, J.)