IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45030 of 2007 1. Kalamuddin @ Kamaluddin @ Bachj Babu son of Jamaluddin, 2. Most. Razia Khatoon w/o Md. Kalamuddin, 3. Parwez Kalam s/o Late Abdul Kalam All resident of Inamganj, Katahri bagh, P. S. Chapra Town, District- Saran at Chapra. … Petitioners. Versus 1. The State Of Bihar 2. Indra Mani Devi w/o Late Yogendra Kumar Das, resident of Mohalla Salempur Chamar Toli, P. S. Chapra Town, District Saran at Chapra. .. Opposite parties. ----------- 3. 26.03.2010 Heard counsel for the petitioners and counsel for opposite party no. 2. The impugned order taking cognizance for offence under Sections 465/467 of the Indian Penal Code and Section 3(X) of the S. C. /S.T. (Prevention of Atrocities) Act is sought to be assailed on the ground that it is actually a fall out of civil dispute inasmuch as there are civil suits pending between both the parties on the same issue. In the opinion of this court, such defence of the petitioner at least could not be looked into for the purpose of quashing an order taking cognizance. Counsel for the petitioner next contended that even if the allegations made in the complaint petition is accepted on its face value, no offence under Section 3 (X) 2 of the S. C. /S.T. (Prevention of Atrocities) Act can be made out. This Court finds some merit in the aforesaid submission inasmuch as not a word has been said therein that when the complainant was abused by the petitioners, it was done in a public view. Counsel for opposite party no. 2 is not in a position to substantiate this aspect from any other material. That being so, the order taking cognizance for offence under section 3(X) of the S. C. /S.T. (Prevention of Atrocities) Act cannot be sustained and to that extent only the impugned order is set aside. In other words, the prosecution of the petitioners for offence under Sections 465/467 of the Indian Penal Code would continue. With the aforementioned observation, this application stands disposed of. kanchan (Mihir Kumar Jha, J.)