IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17852 of 2004 _______ DR. ARJUN PRASAD SINGH --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY _______ FOR THE PETITIONER : M/S PUSHKAR NARAIN SHAHI, PRANJYOTI RISHI & GAURAV PRATAP FOR THE INTERVENOR : Mr. MANOJ KR. SINGH FOR THE STATE : Mr. DAMODAR PD. TIWARY, APP. 8 21.09.2010 Heard learned counsel for the petitioner, learned counsel Additional Public Prosecutor for the State and Sri Manoj Kumar, learned counsel for Shashikant Jha, one of the two accused. Perused the supplementary affidavit filed on behalf of the petitioner. With consent of the parties this case has been heard and it is being disposed of. This application has been preferred under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 16th January, 2003 passed by learned Chief Judicial Magistrate, Begusarai, in town P.S. Non-F.I.R. no. 2 4 of 2002 arising out of Begusarai Town P.S. Case no. 203 of 2002. Undisputedly, at the instance of petitioner one Complaint Case no. 795 C of 2002 was filed against two persons and matter was referred before Police for institution and investigation under Section 156(3) of the Code of Criminal Procedure whereon Begusarai Town P.S. Case no.203 of 2002 was instituted and after investigation the Police not only submitted final form but also recommended for action against the complainant-informant under Section 182 and 211 of the Indian Penal Code. One protest complaint was also filed against the investigation and after hearing the court below proceeded thereon. Subsequently, on the basis of recommendation of the Investigating Officer the court below took cognizance under Section 182 and 211 of the Indian Penal Code against the petitioner. The protest complaint petition was numbered as 648 C of 2003. During the pendency of which one of the two accused died and with another the case appears to have been settled and compromise petition has been filed which is pending disposal. 3 Once contrary to investigation protest complaint was entertained wherein cognizance has already been taken, law does not permit proceeding against the informant under Section 182 and 211 of the Indian Penal Code. Thus, the impugned order taking cognizance for offences afore- mentioned in Begusarai Town P.S. Case no. 203 of 2002 is hereby quashed and the application stands allowed. (Akhilesh Chandra, J.) AAhmad/