ORDER :

1. The point involved in this case is this: when the police filed a final report after investigation holding that no offence against the accused mentioned in the FIR is made out, the aggrieved person filed a protest complaint on the same allegations. But before the protest complaint was filed before the Magistrate he had passed an order on 27-1-1996 “Notice on the final report was served on the complainant and none is present for opposing the final report and hence the final report is accepted.” The protest complaint was filed on 19-4-1996. The High Court quashed the proceedings initiated by the Magistrate on the protest complaint as per the impugned order.

2. Learned counsel for the petitioner cited the decision of a two-Judge Bench of this Court in Gopal Vijay Verma vs. Bhuneshwar Prasad Sinha, (1982) 3 SCC 510 which reads thus: (SCC p. 511, para-1)

“1. The High Court was clearly in error in thinking that the Magistrate could not take cognizance of a case upon complaint because he had earlier refused to take cognizance of the case on a police report. The order of the High Court is set aside. The matter is remitted to the Chief Judicial Magistrate, Patna for disposal accordin