IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3445 of 2010 NAGENDRA SINGH @ YOGENDRA SINGH, S/0 Jaimangal Singh, R/o Din Dayal Ganj, P.S. – Islampur, Distt. – Nalanda …………………………………………………..….. Petitioner Versus THE STATE OF BIHAR ………………..……. Opposite Party. ----------- 2 05.02.2010. Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short `Cr.P.C.’) the petitioner has prayed for quashment of the order dated 17.06.2009 passed by the learned Judicial Magistrate 1st Class, Hilsa, Nalanda in G.R. Case No. 1451/2008 by which he has framed certain charges against the petitioner, his wife and his son for offences punishable under Section 323/341/379/448 and 504 read with Section 34 of the Indian Penal Code (for short `I.P.C.’). The facts asserted in the petition are that on the basis of a First Information Report lodged by Sona Devi, the Investigating Agency after due investigation laid the charge sheet for an offence punishable under Section 504 I.P.C. only. Despite the same, the learned Magistrate without appropriate inquiry took cognizance against the 2 accused persons in respect of the offences which have been mentioned hereinabove. It is put forth that after the accused petitioners appeared before the learned Magistrate charges have been framed against them in a routine manner. It is contended that the present case has been filed as a counter-blast to Islampur P.S. Case No. 190/2008 which was instituted on the basis of an F.I.R. lodged by the petitioner no. 2. It is urged that continuance of the present proceeding would be abuse of the process of the court as the materials on record would show that the present G.R. Case No. 1451/2008, arising out of Islampur P.S. Case No. 192/2008, being malafidely instituted, deserves to be quashed. I have heard Mr. Vijya Kumar Sinha, learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor for the State. On a perusal of the order passed by the learned Magistrate it is noticeable that on the basis of the materials on record the learned Magistrate has framed the charge and it cannot be said that the cognizance taken and 3 the charge framed in respect of the offences are perverse requiring interference by this Court under Section 482 Cr.P.C. However, regard being had to the totality of facts and circumstances of the case it is directed that the learned Sessions Judge, Nalanda at Biharsharif shall transfer G.R. Case No. 1451/2008, arising out of Islampur P.S. Case No. 190/2008, and the present case which emerges from Islampur P.S. Case No. 192/2008 to the court of one learned Magistrate, who shall try both the cases one after another and pronounce judgment on the same day. With the aforesaid direction, the present application stands disposed of. Dilip ( Dipak Misra, C.J. )