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16. I have perused the protest memo admittedly it is not by the complainant, but the protest memo is filed by the learned counsel appearing on behalf of the complainant. Looking to the protest application, it is neither by Sri V.V.Antin, Advocate for the complainant. The contents of the protest application reads as under:-

"That the complainant has filed the complaint against the accused persons for the offences punishable under Sections 406, 409 of IPC.
That the Soundatti Police without following the due process of law and without recording the statement of the complainant and his witnesses, has submitted 'B' mistake of fact, hence this protest application.
That the complainant is diligent in contesting the matter and there is every chance of succeeding in it.
It is therefore, most humbly prayed that the complainant be availed with an opportunity to lead his evidence and that of his witnesses to prove his case in the interest of justice."

17. Looking to the contents of this protest application, it shows that it is not by the complainant himself but by his Advocate same is not in accordance with law. When that is so the question is whether this protest memo is in the form of the complaint and whether it is complaint as defined under Section 2(d) of the Cr.P.C. Looking to the materials and the contents of the protest petition it is not in the form of complaint, when that is so, the question of learned Magistrate looking into the protest application and holding that there is sufficient material and taking cognizance is patently illegality and against provisions of law. Apart from that as I have observed about even with regard to the 'B' summary report is concerned, though the learned Magistrate supposed to pass some order whether he is going to accept it or reject the summary report. Looking to the order passed by the learned Magistrate, which is challenged in this case, absolutely there is no reasons and there is no acceptance or rejection of the 'B' summary report.

18. I have also perused another decision relied upon by learned Counsel appearing for the petitioner reported in ILR 2017 KAR 507. Even looking to this decision also the learned Magistrate can take cognizance on the protest application, firstly if it is in the form of complaint, secondly if the protest petition and its contentions are making out or constituting alleged offence. But looking to the contents of the protest petition and the allegations as against the petitioner, absolutely there is no specific allegations mentioned in the protest petition constituting the alleged offences. Hence earlier as no private complaint was filed by the respondent-complainant before Court under Section 200 of Cr.P.C., the question of taking cognizance, on the basis of said protest application does not arise at all. If there is complaint under Section 200 of Cr.P.C directly to the Magistrate at the first instance and in such case when the matter was referred to the police for investigation and after conducting investigation if there is 'B' summary report field by police, the Magistrate can ignore the 'B' summary report and relying upon contents and the original complaint which was under