IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43140 of 2007 1. Krishan Kumar Choudhary s/o Late Sri Ramjee Choudhary. 2. Neelam Choudhary w/o Krishna Kumar Choudhary. 3. Nitin Kumar Choudhary s/o Krishan Kumar Choudhary All residents of Neelam Recording Cassette Pvt. Ltd. E/34, Pandav Nagar, Gali No. 5, P. S. Pandavnagar, New Delhi,91. … Petitioners. Versus 1. State Of Bihar 2. Arun Anjana son of Lakshuman Singh Resident of village- Khutaha, P. S. Naariganj, District- Rohtas. .. Opp. Parties. ----------- 3. 19.03.2010 Heard counsel for the petitioners, counsel for State as also counsel for opposite party no. 2 The impugned order taking cognizance under section 420 of the Indian Penal Code is sought to be assailed only on the ground that earlier in the police case for the same set of allegation, a final form was submitted and therefore the court below was not justified in passing the impugned order taking cognizance on the protest-cum- complaint petition. In the opinion of this court, such argument is only to be noted for its being rejected. The two separate Criminal proceedings namely police case and complaint case are well known and established in the light of provisions made in the Code of Criminal Procedure (Cr.P.C.) and merely because the court below has 2 proceeded on the complaint case after having held enquiry under Section 202 Cr.P.C. and has passed the impugned order taking cognizance that cannot be a ground to hold that the same was vitiated in any manner only because that police had submitted a final form in the earlier police case. That being so, there is no merit in this case and accordingly, this application is dismissed. kanchan (Mihir Kumar Jha, J.)