IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33446 of 2008 Ashok Yadav, son of Late Ramashray Yadav, village Kharki Kunwan, PS Chakia, Dist. East Champaran – Petitioner. Versus State Of Bihar ----------- 2 12.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by order, dated 23.8.2007 passed by the C.J.M., Motihari in Chakia PS Case No. 180/2002 by which cognizance has been taken against the petitioner. The facts are that with respect to the same occurrence two cases were instituted, one by the police being Chakia PS Case No. 180/2002 and the second by the son of the deceased being Chakia PS case No. 103/2005. It appears from the order of the Sessions Judge that both the cases were amalgamated. Investigation was completed in Chakia PS Case No. 180/2002 and the final form was submitted as far as the petitioner is concerned. The investigation of Chakia PS Case No. 103/2005 is still pending. The grievance of the petitioner is that there is no material against him in the case diary to suggest that the petitioner was involved in the occurrence. On perusal of the case diary, it would appear that the manner of occurrence has been supported by the informant. Certain persons have also been named as participants in the said occurrence but it is emphasized that no body has named the petitioner as being present during the 2 occurrence. However, on perusal of para 72 of the case diary it would appear that Chakia PS Case No. 103/2005 has been lodged in which the petitioner has been named as an accused which is being investigated. At para 76 of the case diary it is said that both the cases have been amalgamated. Obviously after amalgamation the two cases would become one and the investigation of both the cases have to be taken into consideration before a final decision is taken in the matter. The petitioner would, thus, be at liberty to raise these issues at an appropriate stage when Chakia PS Case No. 103/2005 is considered. As far as the case of the petitioner that he cannot be made accused in Chakia PS Case No. 180/2002 is concerned, this aspect would be considered at the stage of framing of the charge. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)