IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1565 of 2009 JAY RAM SHARMA @ JAI RAM SHARMA & ORS Versus THE STATE OF BIHAR & ANR ----------- 3. 14.5.2010. None appears for the Opposite Party in spite of a power on his behalf having been filed as appears from the daily list as also from the office notes which is dated 3.5.2010. The grievance of the petitioner is that he has wrongly been summoned for committing the offence under Section 3(x)SC and ST(Prevention of Atrocities)Act, 1985. The relevant fact which is stated in the written report is that the informant had filed a complaint case bearing no.34 of 2006 and the accused persons wanted him to withdraw that case and the complainant not being inclined to do it, they surrounded him on a highway and assaulted him on that account and also took away Rs.480/- from his possession. The allegation of theft is specifically made against petitioner no.4, namely, Sanjeet Kumar Sharma. Thus, what may appear from the statements and allegations of facts made by the informant in his written report is that the dominant intention of the accused persons was to - 2 - compel the complainant to withdraw complaint case no.34 of 2006. The relevant provision under which the petitioners have been summoned reads as under: “Whoever, not being a member of a Scheduled Caste or a Scheduled Caste or a Scheduled Tribe Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;” Thus, what appears from the above provision is that the insult or intimidation must be intentional and further that the intent to humiliate a member of a Scheduled caste or Scheduled Tribe in any place within public view should be reflected in the act complained of. I have already referred to the allegation which appears against the accused persons in the written report of the informant and according to that, it was to force the informant to withdraw a particular complaint petition which had earlier been filed against the accused persons by him. Thus, the dominant intention which is spoken of by Section 3(x)of the Scheduled Caste or Scheduled Tribe(Prevention of Atrocities)Act was of insulting or intimidating a member of the SC & ST with intent to humiliate him appears - 3 - completely absent. In that view of the legal position and factual allegation, the order summoning the petitioners for an offence under Section 3(x)of the above noted Act appears completely an abuse of the process of the court and that part of the order is hereby quashed. As regards the other part of the order dated 14.12.2009 passed by A.C.J.M., Samastipur in G.R.No.446 of 2007, that appears correct in respect of other offences. The petition is partly allowed in the above terms. B.Kr. ( Dharnidhar Jha, J. )