IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16500 of 2009 1. RANA SINGH 2. NAWAL SINGH 3. BHOLI SINGH 4. SHANKAR SINGH, ALL S/O LATE AMBIKA SINGH 5. KACHO SINGH @ KADO SINGH S/O BHOLI SINGH 6. FANNA SINGH S/O KISTO SINGH 7. BANTI SINGH S/O SHANKAR SINGH ALL R/O VILLAGE-PUTAIRIA, P.S.JAMUI, DISTRICT-JAMUI. --PETITIONERS Versus 1. THE STATE OF BIHAR 2. GOVIND MANJHI S/O LATE TIMKARI MANJHI R/O VILLAGE-PUTAIRIA, P.S.& DISTT.JAMUI. --OPP.PARTY 2 16.11.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application for quashing order dated 31.03.2009 passed by 1st Additional Sessions Judge, Jamui, in S.C.S.T. Case no.58 of 2008 arising out of Jamui P.S. Case no. 176 of 2005 refusing the prayer made under Section 228(1)(a) of the Code of Criminal Procedure. During the course of argument it is submitted that till today not even a single witness has been examined and this case appears squarely cover by the decision of the Apex Court in the case of George Pentiah V. State of 2 Andhra Pradesh; 2008(12) SCC 531. Considering the facts and circumstances, if no witness is examined till today, the petitioners may prayer before the court below by filing a fresh petition for reconsideration on the point whether provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is application in the instant case or not. With this observation, at the stage of admission itself, this application is disposed of. The order may be communicated through FAX to the court below at the cost of the petitioners. (Akhilesh Chandra, J.) AAhmad