IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.821 of 2009 MANOJ PANDEY, aged about 36 years, son of Batukeshwar Pandey, resident of Mohalla Chand Chaura, Police Station Civil Line, District- Gaya, presently resident of Moranpur, Police Station Civil Line, District- Gaya. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR THROUGH the Director General of Police, Bihar, Patna. 2. The Inspector General of Police, Magadh Division, District Gaya. 3. The Superintendent of Police, Gaya, District Gaya. 4. The Deputy Superintendent of Police, Gaya, District- Gaya. 5. The Thana Incharge, Rampur, Police Station Rampur, District- Gaya. . . . . Respondents. For the Petitioner : Mr. Rem Kumar Verma, Mr. Virendra Pd., Advocates For the Respondent : G.P.11 ----------- 3/ 09.07.2010 Heard learned counsel for the petitioner and the State. The petitioner is the informant of Rampur P.S. case no. 111 of 2007 under Sections 341, 342, 323, 384, 419, 379, 504/34 of the Indian Penal Code against Brij Bihari Prasad Sinha, Amit Kumar Sinha son of Brij Bihari Prasad Sinha and others. Learned counsel for the petitioner submits that the accused persons are threatening him with dire consequences, if he does not withdraw the case. As such he has prays for due protection of his life and property from the accused persons. A counter affidavit has been filed on behalf of the State. Learned counsel submits that the Dy.S.P., Gaya in its supervision note has found the accusation to be true. Learned counsel submits that the police in league with the accused persons have submitted final form in their favour. Counsel for the State submits that ultimately on investigation the case was not found to be correct. 2 Having heard the counsel for the parties. It is well settled that if a Magistrate finds that there are materials against the accused persons, he can differ with the police report and can take cognizance against persons against, whom there is material on record. It also appears that the petitioner has filed protest-cum-complaint petition, as such the petitioner can pursue his protest-cum-complaint, in case, the Magistrate does not take cognizance against the accused persons on police report. With the aforesaid liberty, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)