IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40796 OF 2008 RAJU PASWAN VERSUS STATE OF BIHAR & ORS ********* 2 29/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the fact that the Court below while taking cognizance did not consider that no case is made out under Section 452 of the Indian Penal Code and Section 3 (i) (x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act in Complaint Case No. C1/487 of 2008. On perusal of the First Information Report, this Court finds that as far as the offences under Section 3 (i) (x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act is concerned, no offence is made out as the occurrence is said to have taken place inside the house of the petitioner and not in a public place. With respect to the offences under Section 452 of the Indian Penal Code, the Court below while framing the charges can take into account allegations in the complaint petition and the evidence at pre-charge stage to determine this aspect of the matter. At present, this Court is not inclined to 2 interfere with the order impugned. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)