IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11676 of 2008 SANTOSH DEVI @ SANTOSH DEVI SAVARIA & ORS Versus STATE OF BIHAR & ANR ----------- 02. 30.04.2010 Heard learned counsel for the petitioners and the State. In the present application the order of cognizance dated 02.01.2008 passed by the learned S.D.J.M., Sherghati, Gaya in Complaint Case No. 447 of 2007 has been challenged whereby the cognizance has been taken under Section 323 and 379 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that there is a land dispute between the parties and other proceedings particularly 107 Cr.P.C. is going on. Moreover, the petitioners’ side have also lodged a complaint being Complaint Case No. 438 of 2007 against the complainant of the present case. Considering the fact that the order of cognizance has been passed on 02.01.2008 by learned S.D.J.M. Sherghati on finding the prima facie case, I am not inclined to interfere with the order impugned. It is submitted by learned counsel for the petitioners that petitioners’ side filed a complaint against the opposite party on 18.09.2007 being 2 Complaint Case No. 438 of 2007 and subsequently the present complaint being Complaint Case No. 447 of 2007 lodged by the opposite party as a retaliatory measure and in both the case the evidences are going on. In view of the fact that the aforesaid both cases are between the same parties, let the learned Sessions Judge, Gaya consider the conduction of both the trials by one Court, if any such application is being filed by the parties as both the cases appear to be triable by Magistrate. Such application may only be considered if the material witnesses have not been examined in either of the complaint cases. With the observations made above, this application stands dismissed. Shageer (Dinesh Kumar Singh, J.)