IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37989 of 2008 Meena Khatoon, Wife of late Samiuddin Khan, Resident of Village Semari, PS M.H. Nagar (Tarwara), District Siwan ---- Petitioner Versus 1. The State Of Bihar. 2. Aklakh Khan, Son of Taukir Khan 3. Abdullah Khan, Son of Taukir Khan 4. Golden Khan, Son of Akbar Khan 2 to 4 are resident of Village Semari, PS M.H. Nagar (Tarwara), District Siwan. --- Opposite Parties. ----------- 2 21.7.2011 Learned counsel for the petitioner submits that the case was instituted against several persons including opposite party nos. 2 to 4 under Sections 364(A) and 302/34 of the Indian Penal Code. As far as opposite party nos. 2 to 4 are concerned, the Investigating Officer did not find their involvement in the occurrence and, therefore, has not recommended that they should be sent up for facing trial. Charge sheet was submitted against other named accused persons. By order dated 4.3.2008, the Court below has refused to take cognizance against the persons mentioned in the column 12 of the charge sheet i.e. the opposite party nos. 2 to 4. Per se there is no illegality with the order as the Court has the discretion while considering the question of taking 2 cognizance not to proceed against the persons who have not been sent up for trial by the Investigating Officer. The objection of the petitioner is with regard to the fact that the Court ought to have treated the protest petition filed by him as a complaint and taken a decision regarding that aspect of the matter. It would be open for the Court to consider the protest petition if, such an application is moved by the petitioner. The Court will also examine whether the petitioner had actually pressed the protest petition once the charge sheet was submitted in this case. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)