IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53677 of 2007 MEERA DEVI, W/o Sri Dipak Ram, R/o Ambedkar Colony, Sikandarpur, P.S. Muzaffarpur Town, District Muzaffarpur Petitioner Versus 1. THE STATE OF BIHAR 2. Baliram Singh, S/o not know, Incharge Training Special Zone, SAI Centre Muzaffarpur Stadium Sports Sikandarpur, Muzaffarpur 3. Sunil Jaiswal, S/o not known, Resident, Football Coach, Special Spots Zone, SAI Centre Muzaffarpur Stadium Sports Sikandarpur, Muzaffarpur ….. Opp. Parties ----------- 3 18.2.2009 Heard Mr. Jitendra Pandey, the learned counsel for the petitioner and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State. The grievance of the petitioner is against the order dated 4.7.2006 passed by Sri Prabhakar Datta Mishra, Judicial Magistrate, 1st Class, Muzaffarpur, in Complaint Case No. 2891 of 2005, whereby he has taken cognizance under sections 323 and 504 IPC only. The submissions advanced by the learned counsel for the petitioner is that from the materials available on record offences also under sectin 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to SC & ST Act) are also made about but the learned cognizance taking court had erred in not taking cognizance thereunder. Section 216 Cr.P.C. provides the Court with power to alter or add to any charge at any time before the judgment is pronounced. In that view of the matter even if cognizance has not been taken under the provisions of the SC & ST Act if evidence in respect of commission of offence under the provisions of the SC & ST Act comes to light through the evidence of the complainant’s witnesses in course of the trial and if the Court - 2 - is satisfied that an offence thereunder is made out it shall be at liberty to frame charges thereunder in view of section 216 Cr.P.C. either suo motu or an application made by the complainant. At this point it would not be appropriate to interfere with the order taking cognizance. In view of the observation made above this application is disposed of. Spd/- (Abhijit Sinha, J.)