IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28846 of 2011 Kritya Nand Roy @ Kritya Nand Prasad Roy son of Late Gorakh Prasad Roy, R/o village Marwa P.S. Bihpur District Bhagalpur ………Accused/petitioner Versus The State Of Bihar ………………Opposite Party. ---------------- 2 06.09.2011 Heard learned counsel for the petitioner as well as learned A.P.P on behalf of the State. Petitioner accused Kritya Nand Tory @ Kritya Nand Prasad Roy has preferred the instant petition under section 482 Cr.P.C. for quashing the order dated 27.07.2008 passed by the Additional Chief Judicial Magistrate, , Naugachia in connection with SC/ST Bhagalpur P.S. Case No. 22 of 2007, G.R. No. 515 of 2007 whereby and where-under petitioner has been summoned to face the trial for the offence punishable under section 3 (X) of the SC/ST (P A ) Act. Shorn of unnecessary details, Mosmat Maya Devi wife of late Ramji Prasad Paswan filed a written report before Harijan Thana, Barari, Bhagalpur, against the petitioner. On the basis of above referred written report, case was instituted on 7.6.2007 and investigation was entrusted to D.N. Saha, S.I-cum- O.C of Barari Police Station. From annexure-4, the charge sheet, it is evident that the case was investigated apart from above referred D.N. Saha, S.I. & by Jai Ganesh Pathak A.S.I. Taking into account the notification published in official gazette on 9th August 2008 whereby and where-under the officer below the rank of Deputy Superintendent of Police was 2 authorized to investigate the case and the enforcement of aforesaid notification which was made to retrospective application was put under challenge and as per decision reported in 2011 (2) B.B.C.J 420 has been held to be prospective in application that means to say from the date of publication of notification in the official gazette , i.e. 9th August 2008. Learned counsel for the petitioner as well as the learned A.P.P. fairly conceded on this score. Consequent thereupon no room is left for any hitch further more, as admittedly after registration of case on 7.6.2007 it was investigated by the police officer not found competent to be. The order impugned in the aforesaid background is found to be illegal and is accordingly quashed. Instant criminal miscellaneous petition stands allowed. M.Rahman (Aditya Kumar Trivedi, J)