IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23366 OF 2007 BINDESHWAR SINGH, SON OF SURAJ SINGH, RESIDENT OF VILLAGE SIPAH, POLICE STATION BASANTPUR, DISTRICT SIWAN VERSUS 1. THE STATE OF BIHAR 2. TARKESHWAR SINGH, SON OF SHEO NATH SINGH 3. UMESH SINGH, SON OF SHEO NATH SINGH 4. SHEO NATH SINGH, SON OF SURAJ SINGH 2 TO 4 ARE THE RESIDENT OF VILLAGE SIPAH, POLICE STATION BASANTPUR, DISTRICT SIWAN ********** 4 23/06/2009 This application has been filed challenging the order dated 23.03.2007 by which the Sessions Judge, Siwan has rejected the prayer of the petitioner to transfer Basantpur Police Station Case No. 44 of 1999 corresponding to Sessions Trial No. 185 of 2002 as well as the counter case bearing Basantpur Police Station Case No. 45 of 1999 (wrongly mentioned in the impugned order as 35 of 1999) to any one Court. Learned Counsel for the petitioner has relied on two decisions, one in the case of Radhey Shyam Prasad versus The State of Bihar (Criminal Misc. No. 21 of 2004) and another reported in 2004(2) Crime 1978. He further submits that since both the cases arise out of one occurrence, therefore it would be in the interest of justice that both the cases are tried together. 2 The order of the Court below indicates that the Sessions Judge had called for the records of both the case and had found that the evidence in both the cases had already been closed and both the cases are pending for final hearing. The occurrence is of the year 1999 and this application has been filed after a delay of almost eight years and that too at the fag end of the trials. The present quashing application was heard on 21.08.2007 and there is no order of stay. Therefore, probably, the judgments must have been delivered in the aforesaid cases. In any event, I find that the application made for hearing of both the cases together is a delayed one and it would not serve the ends of justice to transfer the cases to any one Court for re-hearing as it would amount to delaying the entire process of disposal of the two trials. In the result, this quashing application is dismissed. Anand ( Sheema Ali Khan, J. )