IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2478 of 2009 RAM UDAY KUMAR Versus STATE OF BIHA ----------- 2. 16.4.2010 Heard. For the same offence committed allegedly on the same day, two F.I.Rs. Were drawn up, vide Jehanabad P.S.Case No. 74 of 2000 and Jehanabad P.S.Case No. 73 of 2000. The allegation was same that in spite of beige required to perform the duties of a Magistrate to supervise law and order situation during the Legislative Assembly Elections, 2008, the petitioner did not report to perform duty. The present F.I.R. was lodged by virtue of letter No. 127 dated 11.2.2000 of the District Elections Officer-cum-District Magistrate, Jehanabad. The other F.I.R., i.e., Jehanabad P.S.Case No. 73 of 2000 was drawn up in the light of letter No. 130 dated 12.2.2000 of the same Officer. Considering the above fact that there are two F.I.Rs which are being investigated into for the same offence on the basis of which the petitioner is likely to be prosecuted, one of the prosecution has to be quashed. I find that Jehanabad P.S.Case No. 73 of 2000 is later in time and, as such, I quash the same. However, the proceeding which was initiated by letter dated 28.1.2001 appears on account of Jehanabad P.S. Case No. 74 of 2000 and that shall continue. The petition stands disposed of in the above light. Kanth ( Dharnidhar Jha, J.)