JUDGMENT : 1 .The petitioner is aggrieved of order dated 27.09.2016 by which cognizance of the offence under sections 323/504 I.P.C has been taken by the learned Chief Judicial Magistrate, Giridih in Giridih (T) P.S. Case No.212 of 2016. 2. Plea urged on behalf of the petitioner is that institution of a criminal case -Complaint Case No.1501 of 2015 which by an order of the court under section 156 (3) Cr.P.C has been registered as Giridih (T) P.S. Case No.212 of 2016, is an out-come of mala-fide of the complainant. 3. At the outset, it needs to be recorded that if during the investigation evidence has been collected which would make out a case as alleged for which cognizance has been taken by the Magistrate, mala-fide of the complainant becomes irrelevant and on that ground a criminal proceeding cannot be quashed. It is so because during the investigation the materials on the alleged mala-fide of the complainant can be gathered by the investigating officer and this is not the stage at which the Court can probe into the sustainability of the statement of the witnesses recorded under section 161 Cr.P.C. In “State of Karnataka Vs. M. Devendrappa” reported in (2002) 3 SCC 89 , the Supreme Court has held as under: 9. “.......... The complaint has to be read as a whole. If it appears that on consideration of the allegations in the light of the statement made on oath of the complainant that the ingredients of the offence or offences are disclosed and there is no material to show that the complaint is mala-fide, frivolous or vexatious, in that event there would be no justification for interference by the High Court. When an information is lodged at the police station and an offence is registered, then the mala-fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in court which decides the fate of the accused person. The allegations of mala-fides against the informant are of no consequence and cannot by themselves be the basis for quashing the proceedings........” 4. The learned trial judge has formed a prima-faice opinion that on perusal of the First Information Report, final report and the materials collected during the investigation which are recorded in the case-diary offences under sections 323/504 I.P.C has been made out. The learned trial judge has formed a prima-faice opinion that on perusal of the First Information Report, final report and the materials collected during the investigation which are recorded in the case-diary offences under sections 323/504 I.P.C has been made out. It is really the stage when the court is required only to see whether a prima-facie case has been made out or not. 5. In the above facts, finding no infirmity in the impugned order dated 27.09.2016, Cr. M.P. No.96 of 2018 is dismissed.