IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1096 of 2008 MOSTT. CHANO DEVI Versus STATE OF BIHAR & ORS ----------- 6 8.7.2010 KHAN The petitioner prays for quashing of charge sheet/final form no.202/07 dated 20.9.2007. The petitioner is the informant in Kusheshwar Asthan P.S. Case No.131 of 2005 dated 9.10.2005 registered under sections 323, 419, 420, 467, 468, 471, 504, 120B of the Penal Code. Learned counsel for the petitioner submits that the Investigating Officer after investigation found the case to be true against the accused persons. However, at the dictate and direction of superior officials, the Investigating Officer has submitted final form in favour of the accused persons. He submits that the C.I.D. is also making investigation into the matter. It would appear from the materials on record that pursuant to submission of final form, the informant who is petitioner herein has been noticed. It is well settled that the learned Magistrate while considering the point of cognizance is not bound by the opinion of the police officer. It would be open to the petitioner to contend before the learned Magistrate that the facts disclosed in the case make out prima facie case against the accused persons. With the aforesaid liberty, the instant writ petition stands disposed. (S.P.Singh,J)