IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45680 of 2007 RAM PREET PASWAN, S/o Muni Paswan, R/o of village Sirsabiran, P.S. Lalganj, District – Vaishali ……. Petitioner Versus THE STATE OF BIHAR & ORS …….. Opp. Parties. ----------- For the petitioner : Mr. Subodh Prasad, Advocate For the State : Dr. Mayanand Jha, A.P.P. For O.P. No. 2 : None 3 16.1.2009 Primary grievance of the petitioner who happens to be the complainant of Complaint Case No. 2225 of 2006 is that although offence under the provisions of section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as “the S.C. & S.T. Act”) is clearly made out yet the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur has taken cognizance only under the provisions of the Penal Code. This is too early a stage to decide whether offence under section 3(i) (x) of the S.C. & S.T. Act is made out or not. The cognizance taken by the Magistrate is absolutely on the basis of the evidence that has appeared at the inquiry under section 202 Cr.P.C. and he appears to be satisfied that offences only under the Penal Code is made out. This Court cannot supplement its own satisfaction for the satisfaction of the learned Magistrate derived from the inquiry under section 202 Cr.P.C. Under the circumstances in the event that materials in the form of evidence comes on record to show that offence under section 3(i) (x) of the S.C. & S.T. Act is made out, the Court shall be at liberty to take cognizance thereunder and act in accordance with - 2 - law. With the aforesaid observations this application is disposed of. Spd/- (Abhijit Sinha, J.)