IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5496 of 2009 MRITUNJAY KUMAR, S/o Munilal Singh, R/o Village-Surni, P.O.-Surni, P.S.-Meharma, District-Godda. Versus 1. THE STATE OF BIHAR. 2. The Sub-Divisional Inspector (Postal), East Sub-Division, Bhagalpur. ----------- 2. 18.08.2010 The petitioner has modified his prayer to quash the order of cognizance dated 12.01.2010 passed by the Chief Judicial Magistrate, Bhagalpur in G.R. No. 2536 of 2007 on the ground that there is no material against the petitioner and in fact he had already deposited the defalcated amount and therefore should not be proceeded against him. The further submission is that the two First Information Reports have been instituted with regard to defalcations having been committed by the postal clerk which is not permissible in law. In my view, after having gone through both the First Information Reports, I find that the amount defalcated differs in both the First Information Reports and it is not with regard to the same occurrence that the two First Information Reports have been instituted. In view of such, this application is dismissed. Vikash/- ( Anjana Prakash, J.)