IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41166 of 2007 NIRANJAN PRASAD SINGH SON OF LATE MISRI PRASAD SINGH RESIDENT OF VILLAGE KHAIRA,P.S.RAJAUN,DISTRICT BANKA Versus THE STATE OF BIHAR & GITA KUMARI ---- For the petitioner : Mr.Nasrul Hoda Khan For the State : Mr.G.Prasad Gupta,A.P.P. For Opp.party no.2 : Mr.B.P.Pandey,Sr.Advocate ---- 3/ 19.03.2010 Heard learned counsel for the petitioner, learned Addl.P.P. and learned counsel appearing for opposite party no.2. The petitioner has challenged the order dated 27.06.2006 passed by learned Chief Judicial Magistrate, Banka whereby cognizance has been taken against the petitioner under Sections 420,467,468 and 471 of the Indian Penal Code in Complaint Case No. 239 C of 2003. It has been submitted that for the same offence two cases are being contested between the parties. One is police case and another is complaint case. The police case is annexure-2 whereas complaint case is annexure-1 to this application. It has further been submitted that chargesheet has also been submitted in the police case. So, both the cases should be amalgamated and tried together. 2 After hearing the parties, it is ordered that Complaint Case No. 239 C of 2003 pending before the Chief Judicial Magistrate, Banka shall stand amalgamated with Harijan (Bhagalpur) P.S.Case No. 06 of 2003 dated 20.03.2006 (G.R.No. 612 of 2003) registered under Sections 420,467,468,120B,341,323 and 504 of the Indian Penal Code and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act which is pending before Special Judge, Bhagalpur. The Chief Judicial Magistrate, Banka will send the entire records of complaint case to the court of Special Judge, Bhagalpur and there both the cases shall be tried together. With the above observations/directions, this application is disposed of. Tahir/- ( Shyam Kishore Sharma, J. )