IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1754 of 2008 1. MURARI SINGH 2. AWADH SINGH 3. VISHWAKETU SINGH ALL SONS OF LATE INDRADEO SINGH, RESIDENT OF VILLAGE- PACHFERWA, P.S. BHAIRAWGANJ, DISTRICT WEST CHAMPARAN --------------- PETITIONERS Versus THE STATE OF BIHAR ------------- OPP.PARTY ----------- 3 12-12-2008 Heard Mr. Vinay Kirti Singh, the learned counsel for the petitioners as also Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State. The grievance of the petitioners is against the order dated 19.2.2007 passed by the learned A.C.J.M., Bagaha in Bagaha (Bhairwaganj ) P.S. Case No. 200 of 2005, whereby he has taken cognizance of offences against the petitioners under various provisions of the Penal Code as also Section 3 (1) ( x) of the Scheduled Castes & Scheduled Tribes ( Prevention of Atrocities ) Act ( herein after referred to as “SC/ST Act”) . The submissions advanced by the learned counsel for the petitioners is that from the recital in the complaint petition as also the evidence of the witnesses recorded under Section 161 Cr.P.C. , no offence of the SC/ST Act appears to have been made out against the petitioners and as a matter of fact , even the Investigating Officer after due investigation submitted a chargesheet merely under the provisions of the Penal Code. However, the learned cognizance taking - 2 - Magistrate for reasons best known to him apart from the cognizance under the Penal Code has also taken cognizance under the SC/ST Act after differing from the police report. This, according to the learned counsel for the petitioners, is illegal and unwarranted as also an abuse of the process of the court. I am unable to accept the submissions propounded by the learned counsel for the petitioners since in the fardbeyan it is clearly stated that the petitioners had referred to the informant as “CHAMAR” and also instigated him. In view of the latest decision of the Hon’ble Supreme Court in Swaran Singh-Vrs.State , reported in 2008 (4) PLJR, page 178 (SC) I find no merit in this application which is accordingly dismissed. ( Abhijit Sinha, J ) NKS/-