IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57483 of 2007 CHANDESHWARI YADAV, S/O SRI SARYUG YADAV Versus STATE OF BIHAR **** /2/ 02.04.2010 Heard the parties. 2. This application is for quashing the order, dated 09.07.2001, by which summon has been ordered to be issued after taking cognizance against the petitioner. Learned counsel for the petitioner submits that earlier a first information report was lodged and in the said first information report after investigation the police submitted the final form. However, the counsel proceeded on protest which taken as complaint and witnesses examined at stage of enquiry. After taking the consideration of the witnesses during enquiry under Sections 200 and 202 of the Criminal Procedure Code cognizance has been taken. It has been stated that the learned Court below has looked into the case diary. Learned counsel for the petitioner, further, submits that there is nothing against the petitioner in the case diary though due to the statement of the witnesses during enquiry the name of the petitioner finds place. However, the cognizance taken on the protest petition and the statement of witnesses during enquiry under Sections 200 and 202 of the Criminal 2 Procedure Code. 3. Taking into consideration the impugned order it appears that the Court below applied it’s mind and took cognizance on material during enquiry as there was material against the petitioner. 4. I do not find any merit in this application. However, the learned counsel for the petitioner may raise the issue at the appropriate stage. 5. With these observations and directions, this application is disposed off. S.A. ( Gopal Prasad, J. )