IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41130 OF 2009 1. KRISHNA RAUT, SON OF BINDA RAUT 2. RANDHIR RAUT, SON OF GANGAL RAUT 3. DHAR MONADH @ DHARMENDRA RAUT, SON OF GANGAL RAUT 4. GANGAL RAUT, SON OF BINDA RAUT 5. DANGAL RAUT, SON OF LATE JAGDISH RAUT 6. PAPPU RAUT, SON OF DANGAL RAUT 7. TULLA RAUT, SON OF KRISHNA RAUT 8. MITTALI RAUT, SON OF RAJENDRA RAUT ALL RESEDENT OF VILLAGE RAJAWAN, POLICE STATION ASTHAWAN, DISTRICT NALANDA …………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. KAPIL RAVIDAS, SON OF FALLON RAVIDAS OF VILLAGE RAJAWAN, POLICE STATION ASTHAWAN, DISTRICT NALANDA ………………………………………………………………………OPPOSITE PARTIES ********** 2 12/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order taking cognizance under Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act only. The petitioner has not challenged the cognizance taken under Section 447, 341, 323, 427, 504/34 of the Indian Penal Code. After perusing the First Information Report, it appears that the allegation is that the petitioners came to the house of the informant and assaulted him and also tried to damage his house. It is said that these petitioners also abused the informant, however, not a word has been said regarding the use of unparliamentary language regarding the caste to which the informant belong. Under the circumstances, it cannot be said that the provisions of Section 3(i)(x) SC & ST (Prevention of Atrocities) Act are attracted. Section 3(i) (x) of the SC & ST (Prevention of Atrocities) Act envisages that “whoever intentionally insults or intimidates with intent to humiliate a member of a Schedule Caste and a Schedule Tribe in any place within public view shall be punishable with an imprisonment which shall not be less than six months which may extent to five years and with fine. In the present case, as stated above, no such offence has been made out in the First Information Report. I, accordingly, quash the order taking cognizance dated 26.04.2007 passed in Asthawan Police Station Case No. 40 of 2007 by the Chief Judicial Magistrate, Nalanda as far as it concerns Section 3 (i) (x) of the SC & ST (Prevention of Atrocities) Act. Anand ( Sheema Ali Khan, J.)