IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56775 of 2007 Anwar Ahmad, son of Late Monazir Hussain, village Charuanwan, PS Shekhopur Sarai (Barbigha), District Sheikhpura – Petitioner. Vs. 1) The State of Bihar, 2) Md. Shamim Anwar, so n of Abdul Qyam, village Charuanwan, Ps Shekhopur Sarai, Dist. Sheikhpura – Opp. Parties. 5 20.6.2011 Heard the parties. The petitioner is aggrieved by order, dated 10.9.2007 passed in Complaint Case No. 146C/2007 by the A.C.J.M, Sheikhpura. Counsel for the petitioner submits that a complaint was filed which was sent for registration of an F.I.R. In the said case final form was submitted by the police indicating that the case was not true and recommendation was made for action sections 182/211 of the Penal Code. The opposite party filed a protest petition and finally the court took cognizance on the basis of the protest petition by considering the complaint petition and taking evidence of the complainant and one witness. It is submitted that the court could not have taken cognizance on the basis of the complaint petition which had already been sent for registration of an F.I.R. The submission of counsel for the petitioner is misplaced inasmuch as the court could have differed with the findings of the Officer Incharge and taken cognizance or else could have taken cognizance on the basis of the protest and the complaint petition itself. In the circumstances I see no defect in the order taking cognizance. This application is dismissed. haque ( Sheema Ali Khan, J.)