IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21610 of 2010 1. SANJAY GUPTA @ SANJAY KUMAR GUPTA. 2. Shiv Kumar Gupta. 3. Baiju Gupta. All are sons of Gopalji Sah, R/o Village-Bhagwanpur, P.S.-Bhagwanpur, District-Vaishali. Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr. Rajeev Ranjan-I, Adv. For the State : Mr. C. Jawahar, APP. ------------- 02. 07.03.2011 The petitioners are aggrieved with the order dated 18.05.2010 passed by the Additional Sessions Judge-V, Vaishali at Hajipur in S.Tr. No. 41 of 2010 by which he has refused an application under Section 228(i)(a) Cr.P.C. It has been submitted that there was a counter-case with regard to the same occurrence which is being tried before Magistrate and, therefore, the case should be remitted to the Magistrate for trial. Since this is not procedure of law, I am not inclined to interfere in the matter. The application is dismissed. However, the District Judge, Vaishali will consider transfer of the case instituted by the petitioner i.e. Bhagwanpur P.S. Case No. 63 of 2007 before the same Court by the present trial is pending in view of proposition laid down by the Hon’ble Supreme Court in various decisions in this regard. Vikash/- (Anjana Prakash, J.)