Anjana Prakash, J.:— The Petitioners seek quashing of the order dated 3.2.2014, passed by the Sessions Judge, Purnea in Criminal Revision No. 12 of 2014, by which he has upheld the order of cognizance dated 4.12.2013 passed by Sri A.K Singh, J.M 1st class, Kishanganj in Kishanganj P.S case No. 183 of 2008.
2. It has been submitted that fact of the matter is that two cases were instituted for the same cause of action i.e Kishanganj P.S case no. 111 of 2008 and Kishanganj P.S case no. 183 of 2008, which is not permitted in law. He relies upon a decision reported in A.I.R 2013 page 3794 (paragraphs 33 and 52).
3. When it is conceded that presently there is only one case surviving which is the present case and the proceeding of the earlier case has been set aside, evidently the decision of the Apex Court is not applicable in the facts of the case.
4. In view of such, I find no merit in the application. The same is dismissed.
5. The Trial Court is directed to conclude the trial without grating unnecessary adjournments to any party. For this reason, he shall send a list of the witnesses fixing specific dates for each witness for their examination along with a copy of this order to the S.P, Kishanganj, who is directed to ensure the attendance of the witnesses on the date fixed by the Trial Court so that there is no further delay in the trial.