IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.41848 of 2008 1. Md. Samas Tabrez Alam @ Samas Tabrez Alam 2. Md. Kabir Alam 3. Md. Noman 4. Arshad Alam Versus State Of Bihar ----------- Lawyer for Petitioners- Mr. Kinkar Kumar- Adv. Lawyer for State- Mr. Manish Kumar-2-A.P.P. --------------- 02. 28.07.2011 This is an application for quashing the order dated 29.10.2007 passed by the Chief Judicial Magistrate, Patna in Pirbahore P. S. Case No.176 of 2007 through which cognizance has been taken against the petitioners under Sections-323,342, 504/34 of the I.P.C. and under Section 3 (1) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989. Heard learned counsel for the petitioner and learned counsel for the State. The only stress is made on behalf of learned counsel for the petitioners that no offence under Section 3 (1) (X) of the S.C. & S.T. (Prevention of Atrocities) Act is made out, because of the view that abuse in name of informant’s caste to humiliate him was really given then also in a room of hostel not in public view. Averment in regard is that informant along with his friend Abhinanjan Prasad was sitting in his Room No.35, all the accused persons including these petitioners along with some unknown persons came there, assaulted the informant and his friend and abused in name of Harijan, so that part of the cognizance is liable to be quashed. In the result, this application for quashing the cognizance order dated 29.10.2007 is allowed in part and cognizance for the offence 2 under Section 3 (1) (X) of the S.C. & S.T. (Prevention of Atrocities) Act is quashed hereby. Vikash (Mandhata Singh, J.)