IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2908 of 2010 1. AVINASH KUMAR, S/o Sri Gopal Thakur, R/o Village – Purani, P.S. Rajpur, Distt. – Buxar, 2. Haridwar Sah, S/o Late Mukhlal Sah, R/o Village – Bahuara, P.O. – Manoharpur, P.S. –Rajpur, Distt. – Buxar and 3. Bharat Thakur, S/o Jag Narain Thakur, R/o Village – Chhatupur, P.S. – Dhansoi, Distt. – Buxar ……… Petitioners Versus 1. THE STATE OF BIHAR & 2. Kamla Kunwar, wife of late Shri Niwas Thakur, R/o Village – Bahuara, P.O. – Manoharpur, P.S. – Rajpur, Distt. – Buxar ……………………………………………..… Opp. parties. ----------- For the Petitioners:- Mr. Nil Kamal, Advocate. For the Opp. parties:- Dr. Mayanand Jha, A.P.P. ----------- 2. 27.01.2010. In this application preferred under Section 482 of the Code of Criminal Procedure the petitioners have prayed for quashment of the order dated 14.12.2009 passed by the learned Judicial Magistrate 1st Class, Buxar in C-1086, Tr. No. 1507/09 whereby the learned Judicial Magistrate 1st Class has taken cognizance under Section 366A of the Indian Penal Code. 2. It is contended in the petition that the victim Lalsa Kumari had already filed a complaint case against her mother for offences punishable under Sections 323, 147, 148, 149, 379, 364A & 366 of the Indian Penal Code 2 relating to the occurrence dated 11.07.2009 which is pending before the Chief Judicial Magistrate, Buxar wherein she has deposed that her date of birth is `05.01.1991’. She has deposed in the said case that she is a married lady and her marriage was solemnized with Avinash Thakur, S/o Gopal Thakur, R/o Village – Puraini, P.S. Rampur, District - Buxar on 17.07.2009. In this backdrop a prayer has been made for quashment of the order taking cognizance. 3. Having heard Mr. Nil Kamal, learned counsel for the petitioners and Dr. Mayanand Jha, learned counsel for the State I am only inclined to direct the learned Sessions Judge, Buxar shall allot Complaint Case No. 1086/C/2009, Tr. No. 1507/09, pending in the court of the learned Judicial Magistrate 1st Class, Buxar and complaint case preferred by Lalsa Kumari forming the subject matter of Complaint Case No. 663(C)/09, Tr. No. 2876/09, pending in the court of the learned Chief Judicial Magistrate, Buxar, to one court and the said trial Judge shall dispose of both the cases after recording evidence in each case one after another and pronounce the judgments 3 in both the cases on the same day. 4. With the aforesaid direction, the Cr. Misc. Case stands disposed of. Dilip ( Dipak Misra, C.J. )