IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25666 of 2007 SHREEMANT KUMAR CHOUDHARY, son of Late Ramashray Prasad Choudhary, resident of Ramashray Nagar, P.S Dalsingsarai District Samastipur …………………………………………. Petitioner Versus 1. THE STATE OF BIHAR 2. Vijwant Kumar Choudhary, son of Sri Yashwant Kumar Choudhary, resident of Ramashray Nagar, P.S Dalsingsarai, District Samastipur …….Opposite parties ----------- 4. 03.08.2009 Heard learned Counsel for the petitioner and the learned Counsel for the opposite party no. 2. The prayer in this application is for quashing of an order taking cognizance dated 29.3.2007 which came to be passed by the Court after accepting the Final Form in the Police case on 12.7.2001 and acting upon the protest petition filed by the complainant. Counsel for the petitioner would submit that it was wholly improper on the part of the court below not to have considered the materials collected by the Police in course of investigation while considering the protest petition filed by the complainant. In the opinion of this Court it is by now well settled that once the Police submits its final form and thereafter a protest petition is filed the earlier process of Police case comes to an end specially when such final form has been accepted as it is clear from the order dated 12.7.2001 in this case. Any proceeding undertaken thereafter after solemn affirmation of complainant on protest petition followed by examination of witnesses in course of enquiry under Section 202 of the Cr.P.C is altogether a separate proceeding. If therefore the Court below has looked into such materials brought on record by the complainant and his witnesses for passing the impugned order taking cognizance no flaw can be therein. Infact the Court below has rightly not looked into the materials collected in course of investigation by police while passing the impugned order taking cognizance as provisions under Section 190 read with Section 204 Cr.P.C. itself ordains to do so. That being so, this Court does find any reason to interfere with the impugned order. This application is, accordingly, dismissed. Akumar/- (Mihir Kumar Jha,J.)