IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40321 of 2005 1. Bir Bahadur Kushwaha, son of Ram Chandra Kushwaha, village Lapatahi, PS Munnapool, Dist. West Champaran. 2. Ramayan Yadav, son of Ram Lal Yadav, village Bharpatia, PS Munnapool, Dist. West Champaran. 3. Brij Kishore Yadav @ Raj Kishore Yadav, son of Godhan Yadav, village Chargahan, PS Sauichari, Dist. West Champaran. 4. Dasharath Thakur, son of Hari Narayan Thakur, village Bharpatia, PS Munnapool, Distr. West Champaran. 5. Shambhu Sah, son of Manshi Sah, village Garabhua, PS Sanichari, Dist. West Champaran – Petitioners. Vs. 1) The State of Bihar, 2) Suresh Kumar, son of Bahadur Rai, village Banuchapar, PS Bettiah Mufassil, Dist. West Champaran – Opp. Parties. 5 30.11.2010 Heard the parties. This application has been filed for quashing the order, dated 3.9.2005 passed the Ist Additional Sessions Judge, Bettiah in S.T. No. 65/2003 whereby and whereunder the application filed under section 227 of the Code of Criminal Procedure for discharge was rejected. Counsel for the petitioners has limited his argument on two points. Firstly, it is said that the investigation in the case was done by one Sanjay Kumar Singh, Sub Inspector of Manuapool police station which is in complete violation of rule 7 of the Act. The second point is that the occurrence has taken place due to collusion of the petitioners’ jeep with the tractor of the informant. It is alleged that when the informant made a complaint to the police station, he and his family were assaulted and the petitioners and others called him by his caste name which in itself is not an offence unless it is in a manner would degrade the dignity of the 2 person concerned. There is no affidavit on record to indicate that there was any authorization by the competent authority to the Sub Inspector to investigate the case. In the result I remand this matter back to the Ist Additional Sessions Judge, West Champaran, Bettiah, or any other court which is in seisin of the case to ascertain whether there was any authorization to the Sub Inspector to investigate this case. In case it is found that there was no authorization granted by the State Government, then the court below will consider the judgment of the apex court in the case of State of M.P. vs. Chunilal @ Chunilal Singh, 2009 (3) BBCJ 169 wherein the apex court has held that it would be justifiable to quash a proceeding under section 3 of the SC/ST Act but not the entire proceeding. The petitioner is directed to appear before the trial court with a copy of this order within two months. This application is, thus, disposed of. haque ( Sheema Ali Khan, J.)