IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27902 of 1998 8 20.4.2010 Yogendra Prasad Yadav son of Late Nuro Prasad Yadav, resident of village Biratpur, Police Station Sangrampur district Munger, at present practicing as an Advocate in Munger court .... Petititioner VERSUS 1. The State of Bihar 2. Prem Lata Devi wife of Late Raghubar Narayan Singh, Resident of Mohalla Dilip Mahal Purab Sarai, District Munger ------- Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant, O.P. No.2. From the submissions and materials on record it appears that allegations made against the petitioner in the present case i.e. Munger Kotwali P.S. Case NO.92/97 (GR Case No.228/97) are in respect of same offences under Sections 419, 420, 467, 406, 347/34 of the IPC which are subject matter of complaint case no.616 (c) 97 lodged by son of the OP NO.2, Prem Lata Devi. It further appears that in the aforesaid complaint case also cognizance was taken by the learned CJM, Munger on 4.11.1997 and against that order the challenge made by the petitioner through Cr.Misc.No.4830 of 1998 has been 2 unsuccessful and that application has been rejected by a Bench of this Court on 19.3.2010. The issues of facts and law being similar, application filed against cognizance order dated 11.9.1998 passed by the CJM, Munger must also fail. This application is accordingly dismissed. Learned counsel for the petitioner has submitted that now the petitioner has to face two cases for the same occurrence and therefore, an observation be made that the court below should be guided by provisions in Section 210 (2) of the Cr.P.C. It goes without saying that said provisions shall be kept in mind by the court below while proceeding further with the two cases lodged against the petitioner noticed above which are obviously for the same occurrence. It is expected that both the cases will be tried together in the light of aforesaid legal provisions. (Shiva Kirti Singh,J.) sk