IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56322 of 2006 ARUN KUMAR DAS Versus THE STATE OF BIHAR & ORS ----------- 11. 15.7.2010 Heard learned counsel for the State. The petitioner who was the Block Development Officer, Dhamdaha at the relevant time seeks for quashing of Dhamdaha P.S. Case No. 124 of 2001 dated 23.10.2001 instituted for offence under Sections 406, 409, 420, 467, 468 and 120(B)/34 of the Indian Penal Code on the ground that with regard to the same occurrence Dhamdaha (Mirganj) P.S. Case No. 105 of 2001 dated 11.9.2001 was instituted. The present application was filed on 22.12.2006 but it appears that on many occasions the case was dismissed for default and even today the petitioner is not present. However, I am not inclined to dismiss the application simplicitor and would like to decide the issue on merit to finally bring the proceeding to an end. On going through the documents, I find that on 11.9.2001 Dhamdaha (Mirganj) P.S. Case No. 105 of 2001 was instituted against the petitioner and other officers of the block, alleging that on 2 14.7.2001, certain beneficiaries of Indira Awas Yojana were called and given only part of the welfare amount and the rest was defalcated by the officers. In the said case on 30.4.2003 the charge sheet was submitted but the investigation against the petitioner was still pending. Thereafter the second First Information Report was filed on 23.10.2001 with regard to certain irregularities having been committed in the year 1999-2000 by the Block Officers in which case five charge sheets were submitted against different accused persons. From the facts noted above, it is clear that the two First Information Reports were no doubt common about irregularities having been committed by Dhamdaha Block Officers but the complaints pertain to two different periods and not all the accused are common. In view of such, I find no merit in this application. The application is dismissed. Anand Kr. ( Anjana Prakash, J.)