IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7669 of 2010 MD.SALIM S/O LATE DUBA R/O VILLAGE- SRI RAMPUR, P.S. BALRAMPUR, DISTRICT- KATIHAR. Versus 1. THE STATE OF BIHAR 2. BIBI SHAHNAZ BEGU, W/O MD. MOJIBUR R/O VILLAGE- LOHAGARA P.S. BALRAMPUR, DISTRICT- KATIHAR. ----------- 2. 29.11.2010 Heard the parties. The petitioner has sought quashing of the impugned order dated 4.8.2009 passed by the learned Judicial Magistrate Ist Class, Katihar in protest-cum- complaint case no. 2245 of 2006 by which he has taken cognizance under Section 376 I.P.C. It has been submitted that after the complaint was sent for investigation under Section 156 (3) Cr.P.C. final report was submitted in the matter with a recommendation to prosecute the complainant despite which, the protest-cum- complaint case was entertained. Further submission is that the impugned order does not show any application of mind. In my view it was well within the power of Magistrate to take cognizance on the protest-cum-complaint petition after due inquiry which he has done and impugned order does not suffer from any illegality. The application is dismissed. Fahad. ( Anjana Prakash, J. )