IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18296 of 2009 Nathun Choudhary son of Late Bundi Choudhary, Resident of Mohalla- Sahokhar, P.S.-Sohsarai, District- Nalanda …Petitioner Versus 1. The State Of Bihar & 2. Lal Bahadur Choudhary son of Late Muni Lal Choudhary, Resident of Mohalla- Sahokhar, P.S.-Sohsarai, District- Nalanda …Opposite Parties ----------- 3/ 30.06.2011 Heard the parties. The petitioner seeks quashing of the order dated 23.01.2009 passed by the Judicial Magistrate, 1st class, Biharsharif, Nalanda, in Complaint Case No.1010-C of 2008, by which cognizance has been taken also under section 3(1) (x) of the of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act along with other offences of the Indian Penal Code. A Supplementary affidavit has been filed on behalf of the petitioner to demonstrate the fact that the petitioner himself is a Scheduled Castes and, therefore, he would not be liable to prosecution under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Considering the same, this application is allowed to the extent that the cognizance order dated 23.01.2009 passed in Complaint Case No.1010-C of 2008 by the Judicial Magistrate, 1st class, Nalanda at Biharsharif, is set aside only with respect to the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In the result, the application is allowed in part. JA/- (Anjana Prakash,J.)