IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51149 of 2007 RAVINDRA ROY & ORS Versus STATE OF BIHAR & ANR ------- 3 31.03.2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the opposite party. This is an application under Section 482 of the Criminal Procedure Code seeking quashing of the order dated 07.09.2007 passed in complaint case no. 1585/2007 (Tr. No. 2345/2007) pending in the court of Sri P.D. Mishra, Judicial Magistrate, 1st Class, Muzaffarpur, taking cognizance of the offences under Sections 323, 427 Indian Penal Code & 3(1)(X) of the SC/ST Prevention of Corruption and Atrocities Act. He submitted on behalf of the petitioner that the complaint petition was lodged by opposite party no. 2 against the petitioners at the instance of their enemies without any substance even if the entire allegation impugned in the complaint petition stated to be true offence under Section 3(1)(X) of SC/ST Atrocities Act is not attracted as no offence was made out in a public place/ group. Learned counsel for the State conceded to the - 2 - legal position that unless such offence is committed in a public place/ view, provisions of SC/ST Act is not attracted. The opposite party no. 2 making allegation against the petitioners that he was doing work as a labour for full forty days at the rate of Rs. 50/- per day as wages with the petitioners but, against the entire remuneration a sum of Rs. 500/- was left due but, complainant was not paid and when he was taking out his basket from the door of the petitioners, he was abused and assaulted and tore away the Ganji worth Rs. 25/- It is evident from complaint petition itself that occurrence, if any, was taken place at the house of the petitioners which in no way can be turned as a public place. Hence, order of taking cognizance for the offences 3(1)(X) SC/ST Atrocities Act is not sustainable and accordingly quashed. So far as rest of the offences is concerned, the petitioners may face trial before the court below. With this observation, this application stands disposed of. Rajeev/ (Akhilesh Chandra, J.)