IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.349 of 2008 1. KRISHNANDAN PRASAD son of Late Lila Prasad, R.O village- Madhepura,P.s.Barbigha, Distt-Shekhpura. 2. Sunil Kumar, son of Mr. Jagdish Prasad, R/O village- Kathanpura, P.S.Noorsarai, Distt-Nalanda.---Petitioners. Versus 1. THE STATE OF BIHAR through the Principal Secretary, department of Home, Govt.of Bihar, Patna 2. The District Magistrate, Nalanda at Bihar sharif 3. The Superintendent of Police, Nalanda 4. The Deputy Superintndent of Police, Nalanda 5. The Officer-in-charge, Noorsarai, P.s. Distt- Nalanda.— Respondents. ----------- For the petitioners : Mr. Sunil Kumar For the respondents : A.C to G.P.XV ----- 7. 17.2.2009. This application has been filed for quashing the First Information Report being Noorsarai P.S.Case No.64 of 2008 registered under Section 405 of the Indian Penal Code, section 21 of the Mines and minerals Act and section 26(a)/4/40 (1) of the Mines and Minerals Concession Rules. Mr. Sunil Kumar appearing on behalf of the petitioners, submits that in regard to the same incident, earlier, Noorsarai P.S.Case No.49 of 2006 was registered and therefore, later First Information Report, referred to above, is fit to be quashed. I do not find any substance in the submission of Mr. Kumar. The subject matter of investigation of the two cases are different. In Noorsarai P.S.Case No.49 of 2006, the allegation 2 is of making bricks from moveable brick kiln, whereas Noorsarai P.S.Case No.64 of 2008 has been lodged for running a brick kiln without valid permission. In that view of the matter, it can not be said that the subject matter of investigation of both the case is one and the same. Mr. Kumar, then contends that the allegation made is false. I am afraid present is not an appropriate proceeding to go into the truthfulness or otherwise of the allegation made and that is the subject matter of the investigation. A.C. to G.P.XV appears for the State. I do not find any merit in the application and it is dismissed accordingly. ahk (C. K. Prasad,ACJ)