IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49220 of 2007 DEVENDRA PRASAD YADAV Versus THE STATE OF BIHAR ----------- 03 26.02.2009 Learned counsel for the petitioner submits that the final form came to be accepted and the protest petition dismissed simultaneously without holding enquiry. Section 200 of Cr.P.C. provides the manner in which the Protest-cum-Complaint Case is required to be proceeded. It is only after holding of an enquiry that the Magistrate could come to a conclusion that no case to his satisfaction is made out to dismiss the complaint under Section 203 of the Cr.P.C. The only other option available to the Magistrate was for postponing issuance of process by directing further enquiry. The impugned order dismissing the Protest- cum-Complaint case under Section 203 Cr.P.C. without holding an enquiry is, therefore, not sustainable. The order dated 2.5.2007 of the Chief Judicial Magistrate, Araria, arising out of Raniganj P.S. Case No. 172 of 2006, under Sections 436, 307 and 34 of the Indian Penal Code is accordingly set aside. The matter is remanded to the Chief Judicial Magistrate to proceed afresh in accordance - 2 - with law on the Protest-cum-Complaint Case. The application stands allowed. P.K. (Navin Sinha, J.)