IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47878 of 2007 CHANDRA BHUSHAN PRASAD @ CHANDRA BHUSHAN Versus THE STATE OF BIHAR ----------- 3/ 17/2/2009 Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of O.P. No.2 when the matter is called out despite having entering appearance. The petitioner is aggrieved by the order of cognizance dated 7.4.2007 and the entire proceedings in Complaint Case No.2292-C/06/T.R. No.2781/07, pending before Sri D.K. Singh, Judicial Magistrate, Motihari under Sections- 323 and 504 of I.P.C. and 3(X) of S.C./S.T. (Prevention of Atrocities) Act. The allegations are of alleged demand for illegal gratification before benefits under the Indra Awas Yojna could be disbursed. This led to an altercation. On reading the allegations in the complaint, this Court is satisfied that there is no occasion to interfere in the matter, insofar as the allegations under the Indian Penal Code are concerned. This Court does find substance in the submission of the petitioner that reading the allegations in the complaint, as they are, the act of calling the O.P. No.2 by the caste name, did not occur in a public place, in public view as the O.P. No.2 has herself acknowledged that it took place at her 2 door. Section-3(X) of S.C./S.T. (Prevention of Atrocities) Act, 1989 reads as follows:- “intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;” In view of the fact that the allegations themselves acknowledge that she was insulted by her caste name at her door-step and not a public place, in public view, Section-3(X) of S.C./S.T. (Prevention of Atrocities) Act, 1989 has no application. The application is, therefore, dismissed, insofar as the prosecution of the petitioner under the provisions of the Indian Penal Code is concerned. The prosecution of the petitioner is quashed, insofar as the applicability of the S.C./S.T. (Prevention of Atrocities) Act, 1989 is concerned. The application is allowed only to the extent indicated. KC ( Navin Sinha, J.)