IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.49 of 2011 Saroj Kumar Versus The State Of Bihar & Ors. ----------- 5/ 17/11/2011 Heard Mr. Jitendra Prasad Singh learned counsel for the petitioner and learned G P.IX. Petitioner has prayed for quick and speedy investigation of Daudnagar P.S. Case No. 107/201 registered under Section 302, 120B/34 of the IPC and in case of default at the part of concerned officials let it be ordered to be investigated by other machinery including the CBI. Counter affidavit on behalf of the State has been filed. From the counter affidavit as well as after going through the pleading of the writ petition, it is evident that before institution of Daudnagar P.S. Case No. 107/2010, Gaya Civil Line P.S. Case No.245/2010 was already instituted at the behest of police itself after having the dead body recovered belonging to the brother of petitioner namely, Ajay Yadav. The counter affidavit further suggests that the police had prayed for amalgamation of both the cases. Two or more cases for the same cause is permissible when there happens to be rival version as has 2 been held by the Hon’ble Apex Court in 2009 Cr.L.J 958 Here, there is no counter version rather the complaint petition, which happens to be the root of Daudnagar P.S. Case No. 107/2010, also discloses the fact regarding recovery of dead body within the jurisdiction of Gaya Civil Line P.S. and institution of Civil Line P.S. Case No. 245/2010 thereafter. The counter affidavit further speaks that investigation of Civil Line P.S. Case No. 245/2010 is going on. Therefore, the steps taken by the police for amalgamation of both the cases appear to be justified. However, the petitioner will be at liberty to place all the relevant documents or materials or evidence whatever he has to place before the I.O. of Civil Line P.S. Case No.245/2010 and in case it justifies the conversion of Civil Line P.S. Case No. 245/2010 under Section 304 to 302 of the IPC, the I.O. of the case will take proper steps in this regard. Learned GP-IX undertakes to inform the investigating authorities of Civil Line P.S. Case No. 245/2010 for speedy investigation and further to conclude the same at the earliest. To facilitate the same, let a copy of this order be handed over to learned G.P.IX. With the aforesaid observation, the writ petition is 3 disposed of. perwez (Aditya Kumar Trivedi,J.)