IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9518 of 2010 1. LAXSHMAN SAH @ LAXSHMAN SAO, SON OF DHARICHHAN SAH, 2. MANOJ SAO, SON OF LAXSHAM SAO @ LAXSHMAN SAH, 3. SAROJ SAO, SON OF LAXSHMAN SAO @ LAXSHMAN SAH, ALL ARE RESIDENT OF DHANTOLIA, DEHRI- ON-SON, WARD NO. 26, P.S. – DEHRI, DISTRICT – ROHTAS ……………………………….. PETITIONERS Versus 1. THE STATE OF BIHAR AND 2. YOGENDRA PRASAD AGRAWAL, SON OF LATE RAM AWTAR AGRAWAL, R/O MOHALLA – NILKOTHI, DEHRI-ON-SON, P.S. – DEHRI, DISTRICT – ROHTAS, AT PRESENT WHOLE SALE GALLA KA DUKAN (KIRANA SHOP), SITUATED AT RAMJAN MANDIR, DEHRI STATION, DISTRICT – ROHTAS …. OPPOSITE PARTIES ----------- For the petitioner: Mr. Manish Kumar No. 3, Advocate. For the opposite parties: Mr. Shailendra Kumar I, A.P.P. ------------ 2. 19.03.2010. In this petition under Section 482 of the Code of Criminal Procedure, the prayer is to quash the order dated 21.12.2009 passed by the learned Railway Judicial Magistrate, Gaya in Sasaram (Bhabhua Road) Rail P.S. Case No. 32/09, instituted for offences punishable under Sections 409/34 of the Indian Penal Code, on the ground that Rail Sasaram (Bhabua Road) P.S. Case No. 31/09 has been registered for the self-same offence. Be it noted, both cases were being investigated by 2 the police and, in one case, a charge-sheet has been filed on which cognizance has been taken while the other case is under investigation. In view of the aforesaid I am of the considered opinion there is no warrant or justification to quash the order taking cognizance. The application is accordingly rejected. Dilip ( Dipak Misra, C.J. )