IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52622 of 2008 Mahendra Paswan son of late Phekan Paswan, resident of Village- Baligarh Nayatola, P.S.-Runni Saidpur, District-Sitamarhi. .....Petitioner Versus 1. The State Of Bihar. 2. Mukesh Singh son of Shri Surendra Singh. 3. Rakesh Singh son of Shri Surendra Singh. 4. Surendra Prasad Singh son of late Vishwanath Singh. All residents of Village-Gorigama, P.S.-Runni Saidpur, District- Sitamarhi. .......Opposite Parties ----------- For Petitioner :- Mr. Virendra Kumar, Adv. Mr. H.S. Sunderam, Adv. For State:- Mr. Jharkhandi Upadhayay, A.P.P. ---------- 02 23.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has approached this Court under section 482 of Criminal Procedure Code for quashing the order dated 14.11.2008, passed in Complaint Case No. C-289 of 2007 by the Sub Divisional Judicial Magistrate, Sitamarhi rejecting the application of the complainant/petitioner filed on 11.09.2008 with prayer to summon the accused named in the complaint petition for the offence under section 3 (i) (x) of SC/ST (Prevention of Atrocities) Act also. Learned counsel appearing on behalf of petitioner submits that there is sufficient material in the record to summon the accused named in the complaint petition for the offence under section 3 (i) (x) of SC/ST (Prevention of Atrocities) Act but the learned Magistrate illegally rejected the application filed on behalf of complainant/petitioner to summon the accused for the said offence also. It appears that after filing the complaint petition numbered 2 as Complaint Case No. C-289 of 2007 filed by the complainant/petitioner, on enquiry, the Sub Divisional Judicial Magistrate, Sitamarhi, summoned the accused/opposite parties no. 2 to 4 finding prima facie case for the offences only under sections 147, 323, 427 and 504 of the Indian Penal Code. Thereafter, the complainant/petitioner filed an application on 11.09.2008 with contention that there is sufficient material to show the prima facie case under section 3 (i) (x) of SC/ST (Prevention of Atrocities) Act against the petitioner/opposite parties no. 2 to 4 but the summoning order has not been passed regarding said offence. The learned Sub Divisional Judicial Magistrate on hearing both the sides rejected the application dated 11.09.2008 of the complainant/petitioner through the impugned order dated 14.11.2008. On going through the impugned order, there is nothing to show the illegality amounting the abuse of the process of the Court. Accordingly, this application stands dismissed. Safik (Rajendra Kumar Mishra, J.)