ORDER The petitioner seeks quashing of the order dated 02.09.2009 passed in Cr.Revision No.596/07 by the Additional Sessions Judge, F.T.C.-3, Samastipur by which he has affirmed the order dated 17.09.2007 passed by the Chief Judicial Magistrate, Samastipur in G.R. No.1103/07 (T.R.No.2296/07) arising out of Kalyanpur P.S. Case No.128/07 by which he has taken cognizance under Sections 177 and 181 of the I.P.C. 2. The case of the informant who is the B.D.O., Kalyanpur, is that he received direction from the S.D.O., Samastipur, that the petitioner had concealed some facts in his affidavit and he be proceeded under sections 177 and 181 of I.P.C. On receipt of such information the Officer-in-Charge, Kalyanpur Police Station instituted Kalyanpur P.S. Case No.128/07 and directed the A.S.I. R.K.Pandey to investigate the case. After registering the first information report it was sent to the Chief Judicial Magistrate, Samastipur, who received the same on 30.05.2007. 3. It has been submitted on behalf of the petitioner that offences punishable under Sections 177 and 181 of I.P.C. are non-cognizable which cannot be investigated into without permission of the Magistrate as per Section 155 (2) Cr.P.C.. 4. It is amply demonstrated from the entries in the first information report that even before the first information report was sent to the Magistrate on 30.05.2007. A.S.I. R.K.Pandey had already been instructed to investigate the case on 29.05.2007 which was not permissible under the provisions of law. 5. Considering such arguments on purely legal question the application is allowed and the order dated 02.09.2009 is quashed. However, it will be open to the informant to proceed against the petitioner in accordance with law.