IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4888 of 2009 1. MAHESH KUMAR @ LALLU 2. RAJESH KUMAR 3. GANESH KUMAR ALL S/O MANI LAL KESHRI Versus 1. THE STATE OF BIHAR 2. MOSTT. SUSHILA DEVI W/O LATE RAM SEWAK SAO ----------- 2. 16.08.2010 The petitioner seeks quashing of the order dated 19.8.2008 passed by Additional Chief Judicial Magistrate, Barh in Complaint Case No. 335 I of 2001 by which he has been taken cognizance under Sections 147, 148, 149, 302 as well as Section 27 of the Arms Act. The background of the case is that for the murder of one Ram Sewak Sao, the petitioner no. 1 instituted a case in which after further investigation the petitioners were also implicated. The petitioner then came before this court and the additional charge sheet on the basis of the further investigation was quashed. In the meanwhile a complaint was instituted for the murder of said the Ram Sewak Sao, in which the petitioners were named as accused. The learned counsel for the petitioner submits that for the murder of one person two sets of accused are being prosecuted, which is not tenable. In my view the argument cannot be accepted. In 2 view of such this application is dismissed. However, the court below shall take immediate steps for committing the present complaint to the court of Sessions so that both the cases for the murder of Ram Sewak Sao can be tried in the same Court. This application is dismissed with the aforesaid observations. Fahad. ( Anjana Prakash, J. )