IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47527 of 2007 HARIWANSH SINGH Versus THE STATE OF BIHAR & ANR ----------- 4/ 9/2/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the F.I.R. registered as Salaiya P.S. Case No.8/01 under Sections- 323 and 341 of I.P.C. and 3(1)(VI) and (X) of S.C./S.T. (Prevention of Atrocities) Act. This Court finds substance in the submission on behalf of the petitioner that the provisions of the latter Act have no application on the allegations. The allegations are of calling by caste name at the house of the informant and not in a public place in public view. Likewise, the informant alleges that the petitioner demanded money from him. The concluding portion of the FIR contains a bald statement that the informant was a bounded labour of the petitioner when the words “fifteen years” appear to have been subsequently inserted. It is indeed surprising that for fifteen long years the informant did not consider it necessary to invoke the provisions of the latter Act. The submission is of false implication in a village dispute in a contest for election to the post of 2 Mukhiya and in which Election Case No.4 of 2006 the petitioner was a witness. The allegations were a set up at the behest of the Mukhiya. No one appears on behalf of the informant opposite party No.2 despite valid service of notice. The prosecution of the petitioner under the provisions of S.C./S.T. (Prevention of Atrocities) Act, 1989 is therefore quashed. This Court finds no reason to interfere with the prosecution of the petitioner under Sections-323 and 341 of I.P.C. in respect of which the trial shall continue in accordance with law. The application is allowed to the extent indicated only. KC ( Navin Sinha, J.)