IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43016 of 2010 Vijay Singh And Anr. Versus The State Of Bihar And Anr. ----------- 2/ 28/09/2011 Heard learned counsel for the petitioners and learned APP. It has been submitted on behalf of the petitioners that now after having the case committed to the court of sessions, it is pending from framing of charge. After delay of 4 years, the instant petition has been filed for quashing of order of cognizance dated 5.6.2007 simply on the ground that from the complaint petition which happens to be the basis of registration of SC ST P.S. Case No. 02/06 there is averment that the complainant had already informed the police and Annexure-2 happens to be the aforesaid information. On the basis thereof, it has been submitted that after parallel scrutiny of both the Annexures that means to say Annexure-1 and 2 it is evident that in column of accuse so many names have been included as well as from Annexure-2 no averment of any sort of allegation attracting application of any of the provisions of Scheduled Caste and Scheduled Tribes, (Prevention of Atrocities) Act is attracted and so the 2 submission is that after having conjoint reading of both of Annexures, the prayer of the petitioner happens to be justified. Taking into account the long lapse of time at the ends of petitioners that too when the case has been committed, in my view, dethrone the petitioners to raise the plea. However, the same would be available at the appropriate stage, more particularly, at the time of framing of charge which the learned lower court will certainly entertain. With the aforesaid findings, the instant petition is disposed of. perwez (Aditya Kumar Trivedi,J.)