IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56608 of 2007 UGENDRA MANDAL, SON OF ARABI MANDAL, RESIDENT OF VILLAGE LAKRIKOLA, P.S. BANKA, DISTRICT BANKA. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. SANJIB KUMAR MISHRA, SON OF JAGDISH MISHRA, RESIDENT OF VILLAGE SURKIKOLA, P.S. BARARI, DISTRICT BHAGALPUR. ---- OPPOSITE PARTES ----------- 2 5.4.2010 Heard the parties. Two cases were instituted. The first one is Amarpur P.S. Case No. 84 of 1998 and the other is Banka P.S. Case No. 86 of 1998. Both the cases are under Sections 147, 148, 149, 341, 342, 323, 366 and 504 of the Indian Penal Code and 27 of the Arms Act. The accused Ugendra Mandal is in common in both the cases. It is alleged by the informant Sanjib Kumar Mishra that the petitioner Ugendra Mandal had run away with Hemlata Jha, the daughter of Jagdish Mishra. The petitioner has been convicted in Banka P.S. Case No. 86 of 1998 by judgment and order dated 29.11.2003, passed by the 1st Additional Sessions Judge, Bank in Sessions Trial No. 563 of 1998, T.R. No. 277 of 2003. In the present case i.e. Amarpur P.S. Case No. 84 of 1998, the trial is in progress. Learned counsel for the petitioner submits that the petitioner cannot for the same offence be tried for a second time as it is against the principle enshrined to the Constitution and against the provisions of the Code of Criminal Procedure as well. There is no doubt about the proposition as pointed out by the counsel for the petitioner. In the result, I quash the Amarpur 2 P.S. Case No. 84 of 1998 and all subsequent orders including the orders committing the case the Court of sessions dated 7.4.1998, the charges framed in this case and all subsequent procedures. This application is allowed. Sanjay (Sheema Ali Khan, J.)