IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2518 of 2009 BHARAT SINGH Versus STATE OF BIHAR & ANR ----------- 2. 16.4.2010 Heard. The order of cognizance dated 2.2.2007 is being sought to be quashed by the present petition on the ground that the three ingredients necessary to constitute an offence under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, appear not constituting on the facts of the case. The provision of Section 3(x) of the above noted Act reads as under:- “Intentionally insults or intimidates with intent to humiliate a member of a S.C. or S.T. in any place within public view.” It was contended that there was no fact alleged that the act was done within the public view and with any intentions as are spoken of by the above noted provision. The order of cognizance on its very nature could be such as may not be containing the whole factual details of a case upon which it could be passed. It is very difficult on account of that reason to examine the contention of learned counsel in the above behalf. The learned Chief Judicial Magistrate, Aurangabad has noted in his order dated 2.2.2007 that he has perused the charge sheet, the case diary as well as the other material available on record. In that light it could be 2 very difficult for me to disturb the order or its any part. However, the trail has to be held by the Special Judge and that court has to be the court of Sessions. It is expected that the trial court has to make a hearing under Sections 227 and 228 of the Cr. P.C. and during that hearing it has to consider the facts of the case. On so considering the facts the court shall have to record a finding that the offence of the class which is covered by Section 3(x) of the S.C. and S.T. (Prevention of Atrocities) Act was clearly constituting which was exclusively triable by it. I direct the learned trial court to examine the issue from that angle and record a clear finding by properly considering the facts of the case at the appropriate stage of hearing under Sections 227 and 228 Cr. P.C. The petition is dismissed with the above direction and in an expectation that the learned trial court passes a speaking order at the proper stage of the trial. Kanth ( Dharnidhar Jha, J.)