Case Facts:
Patna High Court Cr.Misc. No.7889 of 2011 (3) dt.19-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7889 of 2011 ====================================================== Neelam Devi @ Neelam Paswan .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Singh, Adv. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 19-06-2012 Heard learned counsel for the petitioner and the State. Petitioner is challenging the order dated 21st December 2010 passed by the Judicial Magistrate 1st Class, Saharsa in Complaint Case No. 1015C/2010 by which cognizance has been taken [STATUTE] vance that from the complaint petition, case under the S.C./S.T.(POA) Act is also made out but the court below has wrongly refused to take cognizance under the S.C./S.T.(POA)Act. It appears from the record that against the order of cognizance, petitioner has filed Cr. Revn.No. 173 of 2010 which has been disposed of vide order dated 21st December 2010 where the learned Sessions Judge has given liberty to the petitioner to file appropriate application at the proper stage and if the material Patna High Court Cr.Misc. No.7889 of 2011 (3) dt.19-06-2012 would be available, the court below will be obliged to pass order in accordance with law. As it appears from the record that there is allegation of hurling of abuse and also demand of Rs.50,000/-. In the F.I/.R she has been named by caste with abuses by the accused persons. Learned Magistrate did not find sufficient material for taking cognizance but has taken cognizance under other Sections of the I.P.C. except S.C./S.T.(POA)Act. At this stage I do not find any error in the order of the Sessions Judge. However, as the Sessions court has already given liberty, I reiterate the same. If the petitioner will file application at the appropriate stage bringing to the notice of the Magistrate about the materials in connection with S.C./S.T.(POA)Act, the court below will be obliged to pass appropriate order in accordance with law. With this observation, this petition is disposed of. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.