IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57866 of 2007 1. BINOD YADAV 2. PRAMOD YADAV BOTH SONS OF SRI RAM PRAKASH 3. KAMENDRA YADAV, S/O SRI NAND KISHOR YADAV 4. RAMAN YADAV, S/O LATE ABADH YADAV ALL RESIDENTS OF VILLAGE KATWASA DAKHARAM, P.S. BAHERA, DISTRICT DARBHANGA 5. ASOK YADAV @ ALOK KUMAR YADAV 6. KRISHNA KUMAR YADAV BOTH SONS OF LATE BHOLA YADAV 7. KIRAN YADAV @ KARUNESHWAR PRASAD ALL RESIDENTS OF VILLAGE KAMALPUR, KATWASA, P.S. BAHERI, DISTRICT DARBHANGA .. PETITIONERS Versus 1. THE STATE OF BIHAR 2. DHYANI PASWAN, S/O LATE LALOJI PASWAN, RESIDENT OF VILLAGE KATAWASA, DEKHARAM, P.S. BAHERA, DISTRICT DARBHANGA .. OPPOSITE PARTIES **** /4/ 30 .04.2010 Heard the counsel for the parties. 2. This petition is directed for quashing the order, dated 16.08.2007, passed by the Additional Chief Judicial Magistrate, Benipur, Darbhanga, in Bahera P.S. Case No. 51 of 2007, G.R. No. 51 of 2007 by which, while accepting the charge sheet, he has taken cognizance against the petitioners under Sections 341, 323, 427 and 504/34 of the Penal Code and 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of 2 Atrocities) Act, 1989. 3. The learned counsel for the petitioners submits that the informant is habitual in lodging cases against the villagers at the instance of Tej Narayan Yadav, ex-Minister, and the brother of Tej Narayan Yadav is Mukhiya and the informant is Up-Mukhiya and further that no offence made out under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the occurrence has not made in public view and has relied upon a decision reported in 2009 (2) P.L.J.R., 471 (Narendra Singh @ Narendra Vrs. The State of Bihar & Anr.). 4. From the perusal of the record, it appears that allegation made in the written report of the informant, Dhyani Paswan, that when he reached near the house of Raman Yadav, on the road he saw Alok Yadav, Krishna Kumar Yadav, Kiran Yadav, Binod Yadav, Pramod Yadav, Kamendra Prasad Yadav and Raman Yadav are cutting the road by spade and when he persuaded not to cut the road then they abused by abusing abusive language addressing his caste name as “Dusadh” and assaulted and snatched money. Gyanchand Yadav, Sakal Yadav, Damodar Yadav, Sikandar Yadav, Laxman Yadav and Ram 3 Kishun Yadav, who were coming from Mangal Hat, were also present there and seen the occurrence. On the written report the first information report lodged and the police submitted the charge sheet. 5. Having regard to the fact that there is specific allegation about the abuse and assault and addressing the informant by his caste, who is a Scheduled Caste, with abusive language calling names and assaulted in public view, when the witnesses were coming from Mangal Hat, hence, the offence apparently committed. 6. In 2009 (2) P.L.J.R., 471, there was allegation that the abuse was made in the field and there was no indication to show the presence of any person. However, in the facts and circumstances of the present case there is specific allegation of abuse and there are witnesses, who stated to have coming from Mangal Hat and the occurrence took place on the road itself, hence, the ratio decided in 2009 (2) P.L.J.R., 471 is not applicable in the facts and circumstances of this case. From the impugned order, itself, it is apparent that the learned Magistrate perused the first information report, the case diary and the charge sheet and after due application of mind opined that a prima facie 4 case made out. The Magistrate is only required to see the material on record to find out whether prima facie case is made out, hence, once it has been mentioned that he perused the documents and perusal means the active consideration of the material on record and, hence, when the learned Magistrate applied his mind to the facts and after active consideration of those facts hold that a prima facie case is made out, hence, at this stage, the Court is only required to apply it’s mind. 7. Hence, I do not find any illegality or irregularity to interfere with the impugned order and, hence, this application is dismissed. S.A. ( Gopal Prasad, J. )