IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10813 of 2008 Sandeep Yadav Versus The State Of Bihar & Anr ---------------------------------- 04. 12.09.2011 This is an application for quashing the order of cognizance dated 02.01.2008 passed by learned A.C.J.M., Patna City, Patna in Khajekallan P. S. Case No.102 of 2007 by which the learned Court has taken the cognizance under Sections 341,323,504, 506 of the I.P.C. and Section 3 (1)(X) (wrongly mentioned 3(X) in the F.I.R.) of the S.C./S.T. (Prevention of Atrocities) Act presently pending in the Court of Sri Dhaneshwar Ram, Judicial Magistrate, Ist Class, Patna City, Patna for trial. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is alleged for abusing the informant and pushing/dashing him in a drainage, causing assault by means of fists. Submission of learned counsel for the petitioner is that abuse, if really was given not in name of informant’s caste to humiliate him, so, no case is made out for the offence under Section 3(1)(X) of S.C./S.T. (Prevention of Atrocities) Act or any of its Sections. I agree with the learned counsel for the petitioner that allegation does not constitute any offence under S.C./S.T. (Prevention of Atrocities) Act. The part of petition is allowed, cognizance for the offence under Section 3 (1) (X) of the S.C. & S.T. 2 (Prevention of Atrocities) Act is set aside. Rest of the offences are compoundable and parties have arrived at a compromise that shall be taken into consideration by the trial Court. Accordingly, this application is disposed of. Vikash (Mandhata Singh, J.)