IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17414 of 2010 Rajeev Kumar Anand @ Rajeev Kumar @ Madhusudan Singh & Ors Versus State Of Bihar ----------- For the petitioners:- Mr. Janardan Pd. Singh, Adv. Mr. Deepak Kumar No.1, Adv. For O.P. No.2:- Mr. Ajau Kumar Sinha, Adv Mr. Mahendra Thakur, Adv. For the State:- Mr. Jharkhandi Upadhayaya, APP --------- 4/ 21/11/2011 Heard learned counsel for the petitioner as well as learned counsel for the O.P. No.2 and learned APP for the State. 2. Petitioner, at an earlier stage, had challenged order dated 3.4.2010 by which his prayer purported to be under Section 228 of the Cr.P.C. was rejected by the 1st Additional Sessions Judge-cum-Special Judge, Siwan as well as by I.A. No. 1645 of 2011 the order dated 30.05.2011 has also been brought under challenge by which charge has been framed against the petitioners for an offence punishable under Sections 341, 323, 504/34 IPC read with Section 3(i) (x) of the S.C. S.T (P.A) Act in connection with Special Case No. 44/08. 3. Sanjay Kumar Paswan filed a report on 20.7.2007 disclosing therein that after returning from Gopalganj at 6:00 P.M. on 20.07.2007, Rajive Kumar @ 2 Madhusudan Singh took him to his house where he abused by calling his caste name. Subsequently, his mother, Rukmani Devi and sister, Putti Kumari caught hold him and Rajiv Kumar @ Madhusudan Singh assaulted him with fists and slaps. The motive for occurrence has been shown as there has been protest by the informant over dumping of waste matter near his house. It has been submitted on behalf of the petitioners that no offence under S.C. S.T. (P.A) Act is made out more particularly 3(i) (x), as occurrence so alleged happens to be inside the house of the petitioners which cannot be termed as a public place nor it happens to be within public gaze and so taking into account the judicial pronouncement reported in 2008(1) PLJR 264, the order impugned followed with charge to the extent of Section 3(i) (x) of the S.C. S.T. (P.A) Act happens to be bad in law and is fit to be quashed. 4. It has further been submitted that the investigation was done by a police officer below the rank of Dy.S.P. which, as per the then prevailing law, was not at all the competent authority and so whole investigation has become non-est in the eye of law. 5. Learned counsel appearing for O.P. No.2 submitted that there is no disclosure in the written report that 3 informant was taken away inside the premises, so the contention of the petitioners is not at all acceptable. Also submitted that the learned lower court had rightly framed charge under Section 3(i) (x) of the S.C. S.T. (P.A) Act along with other minor sections of the Penal Code. 6. Learned APP endorsed the submission made on behalf of the O.P. No.2. 7. The allegation in its present form whether it could have attracted 3(i) (x) or 3(x)(ii) of the S.C. S.T. (P.A) Act, would have been the matter of debate but the same is waived on account of prevailing incurable deficiency which makes the whole investigation perfunctory. Admittedly, the investigation was conducted and concluded by an S.I. of Mahadeva O.P. of Mufassil P.S. The investigation was conducted in the year 2007 and charge-sheet was submitted on 29.01.2008. The Notification of the Government by which inferior police officials were also entrusted to investigate the case under S.C. S.T. (P.A.) Act is of date 9th August 2008. The vires of the aforesaid Notification, as has been made retrospective, was challenged and the same has been decided by the Division Bench reported in 2011(1) PLJR 1097 by which the Notification has been made prospective and 4 effective from the date of its publication in extraordinary Gazette i.e., 9th August 2008. Therefore, the investigation so far offences under Section S.C. S.T. (P.A.) Act is concerned, that is found to be in nullity and to that extent, the proceeding followed with charge is quashed. 8. The learned lower court is directed to act and proceed in accordance with law in the background of finding aforesaid. 9. Consequent thereupon, petition is allowed. perwez (Aditya Kumar Trivedi,J.)