IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31567 of 2007 1. RANDHIR PRASAD SINGH 2.Dilip Kumar Singh Versus STATE OF BIHAR & ANOTHER ----------- For the petitioners:Mr.Rana Pratap Singh. Sr.Advocate. For the State : Mr.S.Hoda. 5 27.10.2009 Heard the learned counsel for the parties. The petitioners pray for quashing order dated 9.4.2007 passed in Gardanibagh (Shashtrinagar) P.S. Case no.62/07 by which learned Magistrate took cognizance of offence under sections 447 and 506/34 of the I.P.C. and section 3(x) of S.T. & S.T. (Prevention of atrocities ) Act.1989,hereinafter to be referred to as ‘the Act’ Learned counsel submits that the complainant in the complaint nowhere stated that the accused persons do not belong to Schedule Caste. He submits that in such circumstance, section 3(x) of the Act would not be applicable in view of the decision reported in (2008) 12 SCC 531: Gorige Pontaiah versus the State of Andhra Pradesh and ors. Learned counsel further submits that in the complaint, the complainant nowhere has alleged that the accused persons called her even by her name. Counsel further submits that even if the prosecution case is taken to be true, the occurrence did not take place in public view. Learned counsel for the O.P.No.2 submits that the husband of the complainant is missing and the accused persons are torturing her and her family members. Perused the record. It appears that the occurrence took 2 place at 1.20 A.M. in the night.There is no averment in the complaint that the accused persons called her name.Further more it does not appear from the prosecution case that the occurrence took place in public view. Further more the complainant nowhere states that the accused persons do not belong to S.C. In this view of the matter, order taking cognizance under section 3(x) of the Act is bad in law and the same is set aside. However, the case may be proceeded against the accused persons under the other provision. This quashing application is thus disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)