IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.823 of 2009 1. LALAN PRASAD 2. SURRESH PRASAD ( BOTH SONS OF LATE SURYADEO LAL 3. PAWAN KUMAR SON OF CHHEDILAL PRASAD --- PETITIONERS Versus 1. STATE OF BIHAR 2. MOHAN RAM SON OF LATE SHIVPUJAN RAM --- OPP. PARTIES. ----------- 02 18.04.2011 Heard learned counsel for the petitioners and the State. Petitioners are aggrieved by order dated 16.04.2009 passed by learned Ist Additional Sessions Judge-cum- Special Judge, West Champaran at Bettiah in sessions trial no. 237 of 2008 whereby application preferred on their behalf under Section 228 of the Code of Criminal Procedure has been considered and rejected. Learned court below in the impugned order has found and held that from the materials on record a prima facie case is made out under Section 3 (1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities )Act, 1989 ( hereinafter referred to as the ‘Act’). Learned counsel for the petitioners submits that investigation in the present case was carried by the Assistant Sub Inspector of Police who is not authorized to investigate under the Rules framed under the Act. It appears the petitioners had challenged the cognizance order dated 02.07.2007 before this Court in Cr. Misc. no. 8537 of 2007. The said application was permitted to be withdrawn with liberty to raise all the questions at an appropriate stage. It appears from the impugned order that issue 2 relating to jurisdiction of the Investigating Officer to carry out investigation in a case instituted under the provisions of the Act was not raised and considered. Mr. Mishra, learned counsel for the petitioners fairly states that the said issue was not raised in the petition. Present application also lacks relevant statement/pleadings in this regard. This Court, therefore, is not inclined to interfere with the order impugned. However, petitioners are at liberty to raise all the issues during trial which shall be considered and disposed of in accordance with law. Sym (Kishore K. Mandal, J.)