IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.996 of 2008 RAM NARESH THAKUR @ NARESH THAKUR Versus STATE OF BIHAR & ORS ----------- 4 29.10.2010 The petitioner initially prayed for quashing the first information report being Basopatti P.S. Case No.126 of 2008 instituted for the offence under sections 341, 323, 324/34 of the Penal Code and section 3(x) of the SC/ST Act. Learned counsel for the petitioner now confines his prayer challenging the application of the provisions of SC/ST Act in the instant case. It is alleged by the informant that the accused persons came to her house and demanded Chanda in the name of Krishnastimi. The informant told them that she is a poor Harijan and does not have a capacity to give Chanda, whereupon the accused persons stated that it does not matter whether one is Harijan or not, all should give Chanda. It is further alleged that the accused persons gave knife blow near her eye. Learned counsel for the petitioner submits that even assuming the entire prosecution case to be true, no offence under SC/ST Act would be made out. He further submits that by lodging F.I.R. under the provision of the SC/ST Act, the petitioner’s right to seek anticipatory bail is totally curtailed in view of section 18 of the SC/ST Act. On going through the contents of the written report, 2 KHAN this court finds that none of the ingredients under section 3 of the SC/ST Act is satisfied. In this view of the matter, the addition of the offence under the provisions of SC/ST Act in the format of F.I.R. is not borne at all from the offence alleged therein. Thus, the addition of provisions of SC/ST Act in the format of F.I.R., is set aside. It is made clear that quashing of the alleged provision in the format of the F.I.R. would not come in the way of the police in submitting final report under the provisions in which the offence is ultimately made out. With the aforesaid observations and directions, this writ petition is disposed of. (S.P.Singh,J)