Anil k. Sen, J.:- This is an appeal under S. 11 of the Criminal Law Amendment Ordinance 1944 (hereinafter referred to as the said Ordinance) preferred by the State of Bihar through its authorised authority, namely, the Inspector General of Police, Cabinet (Vigilance) Department. The order impugned is the one dt. Aug. 5, 1982, passed by the learned District Judge. Alipore, dismissing an application for attachment made by the appellant under S. 3 of the said Ordinance. It was so dismissed not on merits but on the point of maintainability. That application for attachment was undisputedly a second such application. earlier application having lapsed, and the only point which arises for our consideration in this appeal is as to whether a second such application could be entertained in law when the earlier one was rendered frustrated before it could be brought to its legitimate end. It would be necessary to refer to the facts in the background which may be set out briefly as follows :

2. On July 6, 1979, a first information report was lodged with a police station against the respondent No. 2 Kashab Narayan Banerji and others including some officials of the State of Bihar alleging