IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30063 of 2008 (1) Nand Kishore Singh, (2) Uma Shankar Singh, both sons of Mokhtar Singh, (3) Mokhtar Singh, son of Late Banars Singh, All of North Madubani (Shukhali Tola, PS Sangrampur, District East Champaran – Petitioner. Vs. The State of Bihar. 2 23.6.2011 Herd learned counsel for the petitioner and the State. This application has been filed for quashing the order, dated 1.2.2008 passed by the Chief Judicial Magistrate, Motihari in Vaishali (Hajipur) SC/ST PS Case No. 142/2007 taking cognizance for the offences alleged to have been committed under sections 447, 341, 323, 504/34 of the Penal Code and 3(1)(x) of the SC/ST Act. The informant is a dealer under the public distribution system. It is said that the petitioners asked him for 20 liters of kerosene oil which he refused. The petitioners thereafter abused him and came back after some time armed with weapons and abused by taking his caste name and also slapped him. Learned counsel for the petitioners submits that petitioner no.3 has filed a case against the informant vide Annexures 2 and 3 of this application. It is, therefore, submitted that it is because the informant wanted to take revenge that he has instituted this false and fabricated case against the petitioners. Learned counsel submits that it is not probable that these petitioners who are on litigating terms with the informant would have gone to his shop and asked for kerosene oil and as such the entire case is improbable and filed for malicious reasons. 2 Although this court is not inclined to interfere in the matter at the stage of taking cognizance, I make it clear that the court below will examine these aspects of the matter and specially take into account whether section 3(1)(x) of the SC/ST Act would apply in view of the facts of this case considering that the place of occurrence is admittedly the house of the informant where he is running his shop. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)