IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2927 of 2009 1. Raj Kishore Ram, 2. Radheshyam Ram @ Babban Ram, 3. Arbind Ram @ Chhotan Ram, all sons of Late Kanhaiya Ram, village Kachnar, PS Rivilganj, district Saran – petitioners. Vs. The State of Bihar. 2 13.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 10.9.2008 passed by the Chief Judicial Magistrate, Saran in G.R. No. 2072/2008, arising out of Rivilganj PS Case No. 48/2008 by which cognizance for the offences under sections 341, 323, 325, 307 and 504/34 of the Penal Code has been taken. Two cases have been instituted. First is the FIR filed by Tarkeshwar Ram alleging that on 17.7.2008 the petitioners came to the field of the informant and assaulted him. All of them are brothers. On 19.7.2008 it is alleged that on the same day i.e. 17.7.2008 at about 6.30 i.e. approximately the same time the petitioners came to the house of the complainant and assaulted him. Both the cases relate to assault on the informant/complainant. The occurrence and the time is the same. It may be noted that the petitioners cannot be tried for the same offences by filing two separate cases. In the facts of this case if one is true, the other is false. These aspects of the matter should be considered by the court below at the appropriate stage. The present application has been filed challenging the order taking cognizance on the ground that the case is between the family members and the mother of both the 2 informant / complainant and the petitioners has stated that the dispute is in order that the mother should execute a document in favour of one or the other party. It is further submitted that no case is made out under section 307 of the Penal Code as the FIR does not reveal the offence. In my opinion all these aspects of the matter cannot be considered at this stage. It will be considered at appropriate stage of the case. This application is dismissed. haque (Sheema Ali Khan, J.)