IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.14 OF 2010 JAMINDAR SINGH, SON OF LATE JIRAKHAN SINGH, RESIDENT OF BALAJI NAGAR, NEW MAINPURA SAGUNA, POLICE STATION DANAPUR, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. SULOCHANA, WIFE OF SHIVAJEE PRASAD CHOWDHARY, RESIDENT OF BALAJI NAGAR, NEW MAINPURA SAGUNA, POLICE STATION DANAPUR, DISTRICT PATNA ……………………………………………………………………..OPPOSITE PARTIES ****** 2 19/04/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application challenging the order dated 05.09.2009 passed in Special Case No. 12 of 2008 arising out of Harijan Police Station Case No. 15 of 2006 by which the Special Judge, S.C.S.T., Patna has refused to discharge the petitioner. Counsel for the petitioner has submitted that actually the matter that arises in this case is with respect to the complainant trying to capture the lands of the petitioner. The petitioner had moved the national Commission for Schedule Caste, Bihar and Jharkhand. An enquiry was conducted and it was found that there is no case made out under the provisions of the SC & ST (Prevention of Atrocities) Act rather it was the informant who is trying to grab the land of the petitioner. Subsequent to the order of the Commission, the petitioner entered into some sort of agreement with the 2 informant to sell the land. However, due to non- payment, the agreement failed and thereafter, they had filed this case. The points raised on behalf of the petitioner are good grounds to show that the case is false and fabricated. However, these grounds cannot be considered by this Court at this stage. The second point raised on behalf of the petitioner is that only an Officer of the rank of Deputy Superintendent of Police could have investigated this case and as such the investigation itself is barred by law and the case ought to be quashed on this ground as well. Both these questions should be considered in a full fledge trial and the Court below will pass an order after considering the documents filed on behalf of the petitioner. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)