IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25027 of 2008 1. MAHESH ROY, S/O Late Jainarayan Roy. 2. Ramesh Roy, S/O Late Jainarayan Roy. Both R/O –Galgaliya, P.S. Galgaliya, Distt- Kishanganj. …….Petitioners. Versus 1. STATE OF BIHAR. 2. Smt. Sita Devi, W/O Sri Ram Bilash Paswan. ….. Respondents. ----------- For the Petitioner:- Mr. Bhola Prasad, Adv. With Mr. Tarun Pd. Manda, Adv. For the State:- Mr. Hirday Prasad Singh, A.P.P. 3 10.02.2011 The present application has been filed for quashing of the prosecution including the F.I.R. in Thakurganj P.S. Case No. 117 of 2007 registered under Sections 341, 354, 427 and 504/34 of the Indian Penal Code and 3(I)(X)(XI) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by learned counsel for the petitioners that investigation is still pending. Learned counsel for the petitioners further submits that calling some person’s castes name (belonging to Schedule Caste and Schedule Tribe) will not amount to an offence under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. 2 This Court is not inclined to interfere with the statutory duty of the police to investigate the cognizable offence. The present application is disposed off with the liberty to the petitioners to challenge the out come of the investigation at proper stage. Bhardwaj ( Dinesh Kumar Singh,J.)