IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.316 of 2007 ASHOK KUMAR SINGH Versus STATE OF BIHAR & ORS ----------- 08. 18.03.2009 Nobody appears either on behalf of the petitioner or on behalf of the State. The present writ petition has been filed seeking quashing of F.I.R. of Gaya P.S. Case No. 12/2004 dated 02.09.2004 registered under diverse Sections of Penal Code and the Provisions of Scheduled Caste and Scheduled Tribe Act (Annexure-2) on the principal ground that with regard to the same occurrence another F.I.R. was lodged by the same person being Mali P.S. Case No. 55/2004. A counter affidavit has been filed in this case on behalf of the respondent no.2. Paragraph nos. 5 and 6 of the said counter affidavit are re-produced hereinbelow: “5. That it is stated that the informant has filed two cases on the same day bearing Mali P.S.Case No. 55/04 U/S 384 I.P.C. and S.C. & S.T.Gaya P.S.Case No. 12/04 U/S 341/323/504/384 I.P.C. and Under Section 3(x) of S.C. and S.T.Act. 6. That it is stated that the S.D.P.O. Aurangabad Sadar Supervised the Mali P.S. Case No. 55/04 and it came to light that during investigation it was found that on the written complaint by the informant against the accused Ashok Kumar an SC and ST Gaya P.S. Case No. 12/04 on 2.9.2004 U/S 341/323/504/384 I.P.C. and 3 (x) SC & ST Act was also registered which has 2 been supervised by the Deputy Superintendent of Police Head Quarter-I Aurangabad and in the supervision and Report-2 the case has been found true. In Mali P.S. Case No. 55/04 there is partial allegation of the allegation levelled in S.C. & S.T. Gaya P.S. Case No. 12/04 hence it would be necessary to amalgamate the case with P.S. Case No. 12/04 as it would not be right in the eyes of law to investigate the cases separately. Thus S.D.P.O. Aurangabad Sadar directed the I/O to get the order of amalgamation of P.S. Case No. 55/04 with P.S. Case No. 12/04 by the order of the Court vide memo no. 506 dated 8.4.2007 pursuant to which the records have been submitted in the Court of Chief Judicial Magistrate, Aurangabad on 14.5.2007 for passing of appropriate order”. Having considered the averments made in the counter affidavit, this court is of the view that the present application has become infructuous. The application is accordingly dismissed. Sym ( Kishore K. Mandal, J.)