IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3003 of 2009 NAGENDRA PRASAD YADAV, SON OF PUSHKAR LAL YADAV, RESIDENT OF TANTI BASTI, CHAUPAL TOLA, WARD NO. 05, P.S. AND DISTRICT KISHANGANJ. -- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 13.4.2010 Heard the parties. Learned counsel for the petitioner submits that the First Information Report is in two parts. The first part speaks of 4-5 unknown persons going to the house of the informant Pradeep Basak and abusing him by saying “lkyk gfjtu NksVk tkfr dk tehu…….. etc.” It is further alleged that the wife of the informant went to the house of the petitioner and she was assaulted by the petitioner. Learned counsel for the petitioner submits that there is no allegation against the petitioner that he insulted the informant by his caste name. It is secondly submitted that informant is not a „gfjtu‟ by caste and, therefore, SC/ST Act could not be attracted in this case, rather the informant is „Tanti‟ by caste which caste belongs to the Other Backward Category. The third submission on behalf of the petitioner is that if at all he is only liable for offences under Sections 341, 323, 325 and 504/34 of the Indian Penal Code if the allegations are supported in the further investigation. In the circumstances, I quash the order dated 12.10.2006, passed in G.R. Case No. 221/2006/Tr. No. 434/2008 by the Chief Judicial Magistrate, Kishanganj and remand the entire matter back for reconsideration within a period of three weeks from the date of receipt/production of a copy of this order taking into 2 consideration the observations and submissions made above. Counsel for the petitioner is directed to deposit the cost of FAX for communicating this order to the Court of the Chief Judicial Magistrate, Kishanganj by 16.4.2010 failing which this application shall stand dismissed. Sanjay (Sheema Ali Khan, J.)