IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44569 of 2007 BAIJNATH PASWAN Versus THE STATE OF BIHAR & ORS ----------- 2/ 15/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner filed a complaint case under Section-323 and other sections of I.P.C. against the opposite parties. It came to be dismissed when his revision application preferred also was dismissed. Learned counsel for the petitioner submits that the court below erred in not issuing process under Section-3(X) of S.C./S.T. (Prevention of Atrocities) Act. As the allegations also were with regard to calling by caste name. Section-3(X) of S.C./S.T. (Prevention of Atrocities) Act, 1989 reads as follows:- “intentionally insults or intimidates with intent or humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;” The core of the provision is calling by caste name with an intention to humiliate in a place with public view. The allegations in the complaint are silent with regard to the place of occurrence. The complainant in his S.A. as also his witnesses during enquiry have 2 specifically stated that the occurrence took place at the house of O.P. No.2. Quite obviously, this was not at a place within public view. This court finds no error in the impugned order to warrant interference. The application is dismissed. KC ( Navin Sinha, J.)