Shiv Shankar Singh vs State Of Bihar & Anr

The Supreme Court held that the High Court erred in quashing the Magistrate's order dated 2.8.2008, which took cognizance under Section 395 IPC, on the grounds that the second Protest Petition was maintainable post the Final Report under Section 173 Cr.P.C. The Court clarified that the first Protest Petition was irrelevant as it was filed before the Final Report and thus did not bar the subsequent petition. The appeal was allowed, reinstating the Magistrate's order to summon the accused.