Shri Vinod Prasad, learned Senior Counsel appearing for the Appellant submitted that the CJM as also the High Court fell in error in taking cognizance Under Section 190(1)(b) Code of Criminal Procedure inasmuch as the CJM had relied upon not only the Protest Petition which was supported by affidavit of the complainant but also on the affidavits of witnesses which were filed along with the