IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44811 of 2007 AJAY YADAV @ GAURI YADAV & ORS Versus STATE OF BIHAR & ANR ----------- 2. 16.01.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State. The petitioners assail the order dated 13.6.2007 in Complaint Case No. 230 of 2007 taking cognizance under Section 395 of the Penal Code, Section 27 of the Arms Act and Section 3 (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned Counsel submits that earlier Complaint Case No. 122 of 2007 was filed by father of the present complainant against the petitioners under Sections 384 and other provisions of the Penal Code and Sections 3,4,8,9 and 10 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court below took cognizance by order dated 25.5.2007 only under Section 323, 504 and 147 of the Penal Code. Disappointed with the cognizance under the minor provisions of the Penal Code and only and not under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the previous complaint, the son of the previous complainant then filed Complaint Case No. 230 of 2007 for an alleged occurrence of 14.2.2007 under Section 395 of the Penal Code, Section 27 of the Arms Act and Section 3 (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The argument that the Complaint Case No. 230 of 2007 was false and only an outcome of the disappointment of the opposite party in lack of cognizance under the serious sections of the Penal Code and under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act undoubtedly appears impressive at the first blush but introspection into the same can also lead to other conclusion with regard to the present allegations. Reading the allegations in the complaint, this Court is satisfied that an offence is made out fit to go to trial. What would be the outcome of the trial is not consideration in an application under Section 482 Cr.P.C. This Court therefore finds it difficult to interfere with the impugned order of cognizance. This application is dismissed. Snkumar/- (Navin Sinha,J.)