IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.56914 OF 2007 1. NOJAY YADAV @ MOJAY YADAV, SON OF LATE LALO YADAV 2. MANTOON YADAV, SON OF BHIKHO YADAV 3. NATHUNI YADAV, SON OF PARMESHWAR YADAV 4. LAKHAN YADAV, SON OF SRILAL YADAV 5. DINESH PRASAD YADAV, SON OF RAM SWAROOP YADAV 6. GAJENDRA YADAV, SON OF NOJAY YADAV 7. SIKINDRA YADAV, SON OF NOJAY YADAV 8. BIRACHH YADAV, SON OF LATE KARI YADAV ALL RESIDENT OF VILLAGE MARRA AMAR, POLICE STATION ROSERA, DISTRICT SAMASTIPUR ………………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 05/04/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The allegations in the First Information Report is that on 02.11.2006, the four named accused persons came near the house of the informant and took away two cows. When the informant protested, Gajendra Yadav, Dinesh Yadav, Lakhan Yadav and Nathuni Yadav started to abuse the informant and also assaulted him and took away the cows. Learned Counsel for the petitioners submits that infact no offence is made out under Section 442 of the Indian Penal Code and there is no direct evidence that they entered the house of the informant. I would not like to comment on the submissions made on behalf of the petitioners. However, I am not inclined to interfere with the order taking 2 cognizance on the ground that the allegations is that they came to the house of the informant and took away the cows. As far as the allegation under Section 3(1) (x) of the SC & ST (Prevention of Atrocities) Act is concerned, I find that the First Information Report does not indicate that the petitioners abused the informant by taking his caste name. In the facts, I find that no case is made out under Section 3 (1) (x) of the SC & ST (Prevention of Atrocities) Act. The order taking cognizance dated 29.06.2007 so far as it concerns with the offences under Section 3 (1) (x) of the SC & ST (Prevention of Atrocities) Act is hereby quashed. The Court below will proceed with respect to the other sections in which the cognizance has been taken. This application is allowed to the extent indicated above. Anand ( Sheema Ali Khan, J.)