Patna High Court Cr.Misc. No.26434 of 2004 (6) dt.11-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26434 of 2004 ====================================================== Hari Shanker Singh & Anr .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== with Criminal Writ No.286 of 2002 ====================================================== Baban Singh @ Jaimangal Singh & Ors .... .... Petitioner/s Versus State Of Bihar .... .... Respondent/s ====================================================== Appearance : (In Cr.Misc. No.26434 of 2004) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In CR. WJC No.286 of 2002) For the Petitioner/s : Mr. Mr. Manindra Kishore Singh For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN 6 11-08-2011 This application was dismissed for non-prosecution vide order dated 08.08.2011. Counsel for the petitioners thereafter mentions this case before us making a prayer therein that they should be taken in view of the fact that the question that has been raised before the Division Bench has already been decided by this Court in the case of Smt. Ram Deni Devi & Another vs. The State of Bihar through its Chief Secretary & Otehrs [2011 (1) PLJR 1097 D.B.]. Patna High Court Cr.Misc. No.26434 of 2004 (6) dt.11-08-2011 Considering this aspect, the Court had ordered for listing of these cases under the heading ‘to be mentioned’. The question that has been raised by the Counsels for the petitioner is that the notification issued by the State Government on 3rd June, 2002 is violative of Section 9 of the Act of 1989 and Rule 7 of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1995. This Court while dealing with this aspect of the matter has hold that any investigation made by the Police Officers below the rank of Deputy Superintendent of Police after the date of the rules i.e. 31st March, 1995 and prior to 09th August, 2008 and consequent prosecution will not stand violative by the notification dated 03rd June, 2002, published on 09th August, 2008 on the ground that it would be perspective in nature, rather then retrospective. In the present case, the First Information Report was instituted on 12.08.1998 and the charge sheet was submitted on 22.09.2008, which brings it within the purview of the judgment in the case of Smt. Ram Deni Devi (supra). Since, there was no stay granted y this Court while referring the matter to the Division Bench, it is supposed that the trial must have commenced and reached to its finality by now. Therefore, this Court is finding difficult in quashing the Patna High Court Cr.Misc. No.26434 of 2004 (6) dt.11-08-2011 allegations as far as they relate to the provisions of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. However, this Court gives liberty to the petitioners to raise this issue during the hearing of the appeal as it would affect the sentence that can be imposed on the petitioner if he has been found guilty for the offences alleged. Criminal Misc. No. 26434 of 2004 is disposed of with the aforesaid observations. So far as order dated 08.08.2011 passed in Cr.W.J.C. 286 of 2002 is concerned, the order will prevail. Prabhakar Anand/- (Shyam Kishore Sharma, J) (Sheema Ali Khan, J)