IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30048 of 2007 PAPPU KUMAR son of Ram Dahin Singh, resident of Village- Balaitha, P. O. Nadaul, P. S. Masaurhi, District Patna. …. Petitioner. Versus STATE OF BIHAR … Opposite party. ----------- 5. 20.08.2009. Heard counsel for the petitioner. The order taking cognizance dated 7.4.2007 is sought to be assailed by the petitioner only on the ground that he in fact was informant of the police case and has been subjected to prosecution at the instance of the police who has conducted the investigation in perfunctory manner by holding the petitioner himself to be guilty for the offence. In the opinion of this Court, the investigation of police in a police case could have been made subject matter of a protest petition by the petitioner if he was not satisfied with the police investigation. That having not been done and the police having found the offence to be committed by the petitioner himself, the resultant charge sheet and the order taking cognizance can not be assailed by him on the ground that he had 2 filed first information report. That at least cannot be a ground for quashing the order taking cognizance and consequently, this application being devoid of any merit is hereby dismissed. However, it will be open for the petitioner to raise all such pleas at the time of framing of the charge. kanchan (Mihir Kumar Jha, J.)