CRIMINAL MISCELLANIOUS No.14930 OF 2004 (In the matter of an application under Section 482 of the Code of Criminal Procedure) ********** 1. TULASI RAI Son of Late Tapeshwar Rai 2. Rameshwar Rai 3. Lal Bahadur Rai 4. Shyam Bahadur Rai. All son of Tulasi Rai, resident of Village Auarhi Nagar at present residing at village, Bejauli, P.S. Panapur in the District of Saran -------------Accused- Petitioners Versus 1. THE STATE OF BIHAR 2. Jilabiya Devi Wife of Laxman Rai, resident of Village- Agarbi Nagar, P.S. Baikunthpur in the District of Gopalganj at present residing at Village- Bejauli, P.S. Panapur in the District of Saran -----------Complainant-Opposite parties. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN ********** Sheema Ali Khan, J. Heard learned counsel for the petitioners and learned counsel for the opposite party. 2. The main point raised on behalf of the petitioners are that once the investigating officer came to the finding that the case was false, subsequently lodging of the complaint case is not justified. 3. It is settled that in the circumstances such as mentioned above the Magistrate would be justified in instituting the complaint or treating the complaint as protest 2 after examining the complainant on S.A., pass appropriate order either taking cognizance of the offence alleged or rejecting the complaint or protest petition. The Magistrate as well as the Court has come to the conclusion that sufficient material existed for taking cognizance in this case. This Court is not inclined to interfere with the order taking cognizance, thus the application is dismissed. 4. The petitioner will be at liberty to raise any issue at the appropriate stage in this case. Patna High Court Dated 10th of March, 2011 Anand Kr./NAFR ( Sheema Ali Khan, J.)