IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19062 of 2010 UMA KANT UPADHYAY, S/o Ram Chij Upadhyay, R/o Village-Mahuat, P.S.-Sonhan, District-Kaimur at Bhabua. Versus THE STATE OF BIHAR THROUGH HOME SECRETARY, PATNA. ----------- 02. 14.02.2011 The petitioner has sought quashing of the order dated 08.04.2010 passed by the Sessions Judge, Kaimur at Bhabhua passed in Cr. Misc. No. 16 of 2009 by which he has refused the trial of S.Tr. No. 80 of 1999/13 of 2005 and S.Tr. No. 187 of 2002/236 of 2009 before the same Court. It has been submitted that even though the order dated 08.04.2010 was passed on the premise that S.Tr. No. 187 of 2002/236 of 2009 was pending for charge but now nine witnesses have been examined during trial and, therefore, it would be in the interest of justice that both the Sessions Trial should be tried in the same Court. Since it is established principle of law laid down by the Hon’ble Supreme Court that it is in the interest of justice that two cases arising out of the same occurrence should be normally tried in the same Court, I see no hesitation in setting aside the order. Further, the direction is given to the Sessions Judge to send both the cases before the same Court. With these observations, the application is disposed off. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)