IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49187 of 2006 1. Shekh Dulma @ Shekh Abdullah son of Shekh Gaffar. 2. Shekh Gaffar son of Shekh Jambali 3. Shekh Ibrahim son of Shekh Gaffar All resident of village- Diulia, Pipra, Narkatiaganj, P.S. Shikarpur, Distt. West Champaran. … Petitioners. Versus 1. State Of Bihar 2. Bal Kuer Ram son of Ram Akhtar Ram Resident of village Diulia Pipra, P.S. Sikarpur, District - Champaran .. Opp. parties. ----------- 8. 19.02.2010 Heard counsel for the parties. The solitary point urged against the order taking cognizance dated 24.9.2005 for offence u/s 323 I.P.C. and Section 3(x) and (xi) of Scheduled Caste/Scheduled Tribes Act is that the case was investigated by an officer below the rank of Deputy Superintendent of Police which by itself would vitiate the order taking cognizance. The fact that the case was investigated by the Sub- Inspector, an officer below the rank of Dy. Superintendent of Police is definitely not relevant for the impugned order inasmuch as after the complaint was sent for investigation to the police in terms of Section 156(3) Cr.P.C., the police had submitted final form. The court below thereafter had proceeded on the basis of a 2 protest petition by adopting a procedure of complaint case and having examined the complainant on solemn affirmation and recorded the statement of witnesses in enquiry under Section 202 Cr.P.C. has taken cognizance on the basis of materials on record. That being so, this Court would not find any merit in that part of the submission where the cognizance for offence under Section 3(10) SC/ST Act was sought to be assailed on the ground that the investigation was undertaken by an officer below the rank of Dy.S.P. The next part of the submission of counsel for the petitioner that offence under Section 3(10) SC/ST Act is still not made out as it was not in public view, is a matter of leading and appreciation of evidence and can be looked into only on the basis of evidence adduced by the complainant. For that alone an order taking cognizance cannot be interfered. That being so, there is no merit in this application. It is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.) 3