IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21512 of 2007 SHEIKH AZAZ AHMAD, son of Sheikh Hakim Ahmad, resident of village- Duho-Suho, P. S. Chhauradano, District- East Champaran. … Petitioner. Versus STATE OF BIHAR … Opposite party ----------- 6. 29.01.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner for quashing the order taking cognizance dated 13.3.2007 is pressed only on the ground that the allegation made in the first information report was also examined by C.B.I. who had not found any material against the petitioner. For this purpose, learned counsel for the petitioner has referred to the letter dated 29.12.1990 addressed to the Superintendent of Police. From the material on record and specially Annexure 2 it would be apparent that when a tentative opinion was given by the C.B.I. to the Superintendent of Police East Champaran (Motihari) vide annexure- 2 dated 29.12.1990, thereafter the case was further investigated by the District Police and a charge sheet was submitted on 20.6.1991. In that view of the matter, it cannot be said that whatever has been said by C.B.I. in course of its 2 preliminary enquiry (P.E.) was binding the district police. The fact of the matter is that the police has submitted a charge-sheet against the petitioner and on the basis of that the learned Magistrate having found sufficient materials has proceeded to take cognizance. Such order taking cognizance thus cannot be held to be bad only on account of P.E. report of C.B.I. That being so, this application is wholly misconceived and is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)