IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37265 of 2010 1. JAINATH SHARMA 2. SRINATH SHARMA @ DINA NATH SHARMA BOTH S/O LATE RAM RUP SHARMA 3. DINESH SHARMA 4. STENDRA SHARMA BOTH S/O SRI JAINATH SHARMA 5. UPENDRA SHARMA 6. MANTU SHARMA BOTH S/O SRINATH SHARMA 7. ALL R/O VILLAGE- DHAWANI, P.S.- KAARAKAT, DISTRICT- ROHTAS ………………… Petitioners Versus 1. THE STAE OF BIHAR 2. KRISHNA KUMAR SINGH, S/O SRI BHAIYA RAM SINGH, R/O VILLAGE- DHAWANI, P.S.- KARAKAT, DISTRICT- ROHTAS ……………….Opposite Parties ----------- 2. 08.03.2011 Heard the parties. The petitioner have sought quashing of the order dated 15.6.2010 passed by the Additional Sessions Judge, F.T.C. No. II, Rohtas, Sasaram in S.Tr. No. 374 of 2005, by which an application under Section 228 (1) (a) Cr.P.C. has been rejected. It has been submitted that two cases were instituted for the same occurrence and the occurrence took place at the spur of the moment on account of land dispute and, therefore, no case under Section 307 I.P.C. would be made out. Further submission is that after framing of charges the case should be remitted to the Magistrate so that the trial can be held along with the case which has been instituted on the side of the petitioners. Since, as to whether in the facts of the case Section 307 I.P.C. is made out has already been considered by the Trial Court, I am not inclined to interfere in the matter. Moreover, there is no law by which a Sessions case can be sent to the Magistrate for trial and, therefore, this argument also has no force. In view of such, the application is dismissed. However, the petitioners will be at liberty to make a prayer before the Magistrate, where their case is pending, to commit the case to the court where the present case is pending in view of the various decisions of this court as well as the Hon’ble Supreme Court. Fahad. ( Anjana Prakash, J. )