IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14330 of 2008 1. LALBABU SAHNI, SON OF LATE SHEODHARI SHANI 2. FULENA SAHNI, SON OF LATE SHEODHARI SHANI 3. RAJ KUMAR SAHNI, SON OF SRI LALBABU SAHNI 4. SUNIL SAHNI, SON OF SRI LALBABU SAHNI 5. NIRANJAN SAHNI @ NIRANJAN KUMAR, SON OF SRI FULENA SAHNI 6. TULSI SAHNI @ TULSI KUMAR, SON OF SRI FULENA SAHNI 7. MOST. PASPATI DEVI @ PASPATI KUNWAR, WIFE OF LATE JAYPAL SAHNI 8. BACHCHA SAHNI, SON OF LATE JAYPAL SAHNI ALL ARE RESIDENTS OF VILLAGE- CHHOTA BARIARPUR, WARD NO. 27, P.S.- CHHATAUNI, DISTRICT- EAST CHAMPARAN. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. NAGESHWAR RAM, SON OF LATE JAGARNATH RAUT, RESIDENT OF VILLAGE- CHHOTA BARIARPUR, P.S.- CHHATAUNI, DISTRICT- EAST CHAMPARAN. ----- OPPOSITE PARTIES ----------- 2 21.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Learned counsel for the petitioners submits that the Court below has not applied its mind before passing an order of cognizance dated 5.1.2007 inasmuch as the Court has taken cognizance of the offence under Sections 3 and 4 of the SC/ST (Prevention of Atrocities) Act. It is submitted on behalf of the petitioners that Section 3 has various sub-clauses and, therefore, the Court ought to have specified under which sub clause the alleged offence would come under. In the circumstances, the order of cognizance dated 5.1.2007 passed in Complaint Case No. 1743 of 2007 is quashed and the matter is remanded back to the Judicial Magistrate, 1st Class, East Champaran, Motihari to apply its mind and pass the order of cognizance. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)