IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.966 of 2009 PUSHP LATA KUMARI . Versus STATE OF BIHAR & ORS . ----------- 04. 15.04.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for quashing the order dated 05.08.2009 passed by the Chief Judicial Magistrate, Khagaria in connection with Chitra Gupta Nagar P.S. Case No. 217 of 2009 which was registered for the alleged offence under Sections 376C of the Indian Penal Code. Mr. Asutosh Jha, learned counsel for the petitioner submits that by the impugned order, the court below accepted the final form submitted by the police mechanically without applying his judicial mind to the materials available on the record and as such, the Chief Judicial Magistrate ought to have differed with the final form and should have taken cognizance against the accused persons. It is further submitted that after acceptance of final form petitioner has filed a protest petition which has been registered as complaint case and is pending for disposal in the court below. Mr. Asutosh Jha, learned counsel for the petitioner relied upon a decision of the Apex Court in the 2 case of Uma Shankar Singh Vs. State of Bihar reported in PLJR 2011(1) page 81 (SC) as also State of Punjab Vs Gurmit Singh & Ors. reported in !996 (SC) Page 1393 for the proposition that the Magistrate while considering the final form ought not to act mechanically and accept the final form and, subsequently, in the case of an offence of rape, the evidence of sole victim in a given circumstances could be relied upon. Learned counsel for the State submits that allegations were thoroughly investigated, witnesses were examined, medical reports were taken into consideration which did not support the allegations of rape. The aforesaid police case was supervised by the concerned Superintendent of police and having found that the allegations are not substantiated, the police submitted the final form and recommended for the prosecution of informant. Accordingly, it is submitted that the writ application deserves to be dismissed. Considering the rival submission of the parties and their respective pleadings as also the impugned order dated 05.08.2009, it appears that by the impugned order, the Chief Judicial Magistrate has considered all aspects of the matter including the materials available in the case diary, the medical report, the statement of victim recorded under Section 164 Cr.P.C. as also her statement 3 recorded by the police during investigation beside the independent witnesses from whereupon the Magistrate did not find that a prima facie case has been made out against the accused persons and, accordingly, accepted the final form. It has also been taken into consideration that the submission of the petitioner in the court below that a protest petition has been filed and as such, notices were issued so that the protest petition has been registered as complaint petition. In my opinion, the impugned order cannot be held to be mechanical order or the order has been passed without application of mind and as such, the case relied upon by the petitioner is of no help for the above circumstances. Considering the discussions made above, I find no merit in this writ application, the same is accordingly dismissed. Jagdish/ ( Shailesh Kumar Sinha, J.)