Full Judgment
23. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 3.11.2010 passed by the Sessions Judge, Buxar in Cr. Misc. (T.P.) No. 33 of 2010 by which petition filed under Section 210 of the Code of Criminal Procedure for amalgamation of a complaint case and police case arising out of the same occurrence has been rejected. Learned counsel for the petitioner submits that initially Buxar (T) P.S. case No.149 of 2008 has been filed on the written petition of the Civil Surgeon-cum-C.M.O. Buxar against unknown but after investigation charge- sheet was submitted against the petitioner whereas other Patna High Court Cr.Misc. No.4 of 2011 (2) dt.23-01-2012 Complaint Case No.21(O) of 2008 has been filed by the Drug Inspector against the petitioner and his wife. He further submits that allegation in both the cases are same so both the cases may be amalgamated and tried together. On a perusal of the complaint petition it appears that the allegation made in the First Information Report is with regard to recovery of the Government medicine whereas in the complaint petition which has been filed by the Drug Inspector shows that apart from recovery of medicine there are other violations of the Act. In this view of the matter, both the cases can not be amalgamated because prosecuting agency and allegations in both the cases are different. However, looking to the facts of the case both the cases should be tried by one court so that there may not be any inconsistency. Accordingly, let the complaint case be transferred to the court of the Judicial Magistrate Ist Class, Buxar where the police case is pending. With the aforesaid observations and directions this application is disposed of. (Shivaji Pandey, J.) Vinay//-