IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.926 of 2008 SASHI BHUSAN RAI @ GAPPU RAI Versus STATE OF BIHAR ----------- 4. 12. 01. 09. The petitioner seeks to challenge the order dated 19.04.2003, by which the Chief Judicial Magistrate, East Champaran, Motihari, has split up the record of the case of Chatauri P.S. Case No. 117/02 as the investigation against the petitioner was still pending. Police after investigation had submitted charge sheet against some of the accused persons under Section 302 and other allied Sections of I.P.C., while investigation against this petitioner is kept pending. The learned Magistrate, vide order dated 19.04.2003, took cognizance of offence and summoned accused persons to face trial against whom charge sheet was submitted. The case of the petitioner was split up as investigation against him was pending. Later on, police submitted final report in his favour. However, the Magistrate proceeded against the petitioner on protest- cum-complaint and took cognizance of offence under Section 302 and other allied Sections of I.P.C. As the case of other accused persons was split up in the order dated 2003, I am is not inclined to interfere with the aforesaid order belatedly, as and when the case is committed to the court of - 2 - sessions, it would be open to him to make prayer before the Trial Court for amalgamation of his trial along with other accused persons facing trial arising out of the same P.S. case. With the aforesaid observations, this application is disposed of. m.p. (Samarendra Pratap Singh, J.)