Criminal Miscellaneous No.26917 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- 1. RAM CHANDRA SINGH S/O BACHCHA PRASAD SINGH 2. RAM PRABESH SINGH S/O LATE MURARI PRASAD SINGH 3. GUDDU SINGH S/O LATE RADHESHYAM SINGH 4. SUNIL KUMAR SINGH S/O RAM CHANDRA SINGH ALL RESIDENT OF VILLAGE BALAHA, P.S. GAIGHAT, DISTRICT MUZAFFARPUR. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. SHRI RAM S/O JAMUN RAM RESIDENT OF VILLAGE RAM NAGAR, P.S. GAIGHAT, DISTRICT MUZAFFARPUR. ... ... OPPOSITE PARTIES. ---- For the Petitioners : Mr. Ram Chandra Lal Das,Adv. For the State : Mr. Lala Kailash Behari Prasad, Senior Advocate(A.P.P.) ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. When the case was taken up for hearing, Shri Ram Chandra Lal Das, learned counsel appearing on behalf of the petitioners, submits that in this case, till date, charges have not been framed. In this case, despite issuance of notice, none has appeared on behalf of opposite party no.2. 2. Learned counsel for the petitioners has argued that even on perusal of the F.I.R. as well as other materials, no offence under the Scheduled Caste and Scheduled Tribe 2 (Prevention of Atrocities)Act, is made out. 3. However, after some argument, learned counsel for the petitioners seeks permission to withdraw this application so that before framing of the charges, the learned trial court may examine the record to ascertain as to whether offence under Section 3(x) of the SC/ST Act is made out or not. Prayer is allowed. 4. Accordingly, this petition is dismissed as withdrawn with a direction to the trial court to examine the materials available on record to find out as to whether the offence under Section 3(x) of the SC/ST Act is made out or not. 5. In view of the facts and circumstances of the present case, it is directed that learned trial judge will satisfy itself on the basis of materials available on record as to whether offence under Section 3(x) of the SC/ST Act is made out or not. It is expected that if no offence under the said Act is made out, the learned trial judge will pass an appropriate order. In case of framing of charge, it would be necessary for the trial 3 court to briefly indicate the reason for framing of the charge. 6. With above observation and direction, the petition is dismissed as withdrawn. 7. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 14.5.2010 N.A.F.R./N.H.