IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50216 of 2007 SHIV SHANKAR SINGH, son of Late Daroga Singh, resident of Mohalla- East Kargahia, P.S. Bettiah, (Muffasil), District- West Champaran at Bettiah. .. Petitioner. Versus STATE OF BIHAR ----------- 4. 29.03.2010 Heard counsel for the petitioner. No one appears for the State. In this case, the petitioner, informant is aggrieved by an order dated 14/15.1.2007 whereby and whereunder despite pendency of a protest petition filed by him, the court below has dropped the criminal proceeding itself by accepting the final form. A report in fact was called for by this Court vide order dated 23.1.2009 and the concerned District and Sessions Judge while forwarding the said report has merely acted like a post office not even noticing that the explanation submitted by Chief Judicial Magistrate itself pointed out that the final form was accepted by one Ujjwal Kumar Dubey, the predecessor of Mr. Ajay Nath Jha, Chief Judicial Magistrate, West Champaran, Bettiah submitting such report. The least that was expected from the District 2 and Sessions Judge was that he ought to have immediately called for such report from the then Chief Judicial Magistrate Mr. Ujjwal Kumar Dubey instead of acting like post office and sending incomplete compliance report. Be that as it may, the law on subject is well settled that if a final form is submitted by the police and a protest petition is also pending, the court is required to also consider the materials in the protest petition and proceed by taking recourse of a complaint case. Accordingly, this Court would direct the court of Chief Judicial Magistrate, West Champaran, Bettiah to consider the protest petition filed by the petitioner and pass an appropriate order in accordance with law. With the aforementioned observation and direction, this application is disposed of. Kanchan (Mihir Kumar Jha, J.)