IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42863 of 2007 1. SHAILESH RAI, SON OF CHAIT RAI. 2. CHAIT RAI, SON OF LATE RAM BRIKSHA RAI. 3. TERASI DEVI, WIFE OF CHAIT RAI. 4. MITHILESH RAI, SON OF CHAIT RAI. ALL RESIDENT OF VILLAGE-SARHA BAZAR SAMITTI, P.S. CHAPRA MUFFASIL, DISTRICT-SARAN. ………………………………………………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. REENA DEVI, WIFE OF SHAILESH RAI, AND DAUGHTER OF JAGGARNATH RAI, RESIDENT OF VILLAGE-SARHA BAZAR SAMITTEE’ P.S. CHAPRA MUFFASIL, AT PRESENT RESIDENT OF VILLAGE-AASULI, P.S. REVILGUNJ, DISTRICT-SARAN. …………………………………………………OPPOSITE PARTIES. ----------- For the Petitioners : Mr. Umesh Kumar Mishra, Advocate. For the State : Dr. Mayanand Jha, A.P.P. ------------- 2. 09.01.2009. The Complaint Case No.1065 of 2005 was filed against the 7 persons but after holding of the inquiry under Section 202 Cr.P.C. the learned Sub Divisional Judicial Magistrate, Saran at Chapra took cognizance only against 4 persons on 11.5.2007 for offences under Sections 498-A and 323 I.P.C. The petitioners have prayed for the quashing of the said order taking cognizance since it had not taken into consideration the fact that the same complainant had earlier filed Complaint Case No.1092 of 2005 against the same set of accused who were being tried for the same offence at the instance of the same complainant. It has been submitted by the learned counsel for the petitioners that the complaint cases had been filed by the complainant - 2 - by way of an after thought and as a counter blast to the Matrimonial Case No.52 of 2005 filed by petitioner no.1, Shailesh Rai, the husband of the complainant, before the Family Court, Saran at Chapra. What the petitioners claim is that they are facing two complaint cases filed within a week on the same set of facts which not only is an abuse of the process of the court but also has subjected them to face double jeopardy. Without much ado and dilly dallying with the issue, it is hereby directed that the learned Chief Judicial Magistrate, Saran at Chapra will recall both the cases to his file and examine whether the submissions made by the learned counsel for the petitioners before me that both the complaints are in respect of same set of offences and against same persons and in the event the submissions before me happen to be true, he will after hearing the learned counsel for the complainant, take appropriate measures in the matter and while proceedings with the earlier case will drop the later case and/or pass orders in accordance with law. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)