IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22714 of 2005 1. CHANDRIKA YADAV S/o Late Baldeo Yadav 2. Ramji Yadav s/o Jagdeo Yadav 3. Jalandhar Yadav s/o Jagdeo Yadav 4. Akhilesh Yadav S/o Jagdeo Yadav All resident of Village Geyan Bigha, P.S. Neemcham Bathani, District- Gaya. . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. Laxmi Devi W/o Late Ramkhelawan Paswan, Resident of village- Gobdeha, P.S. Neemchak Bathani, District- Gaya. . . . . . Opp. Parties. For the Petitioner : Anil Kr. Sinha, Advocate For the State : Smt. Indu Bala Pandey, A.P.P. ----------- 11/ 05.02.2010 Heard. The petitioners, who are four in numbers, pray for quashing the order dated 12.05.2004 passed by Judicial Magistrate, 1st Class, Gaya in Complaint case no. 391 of 2003, Tr. No. 279 of 2005 whereby he has taken cognizance for the offences under Sections 323, 504, 379 of the I.P.C. and Section 3(x) of the SC/ST Act. Learned counsel submits that even assuming the complaint case to be true, only offence under Section 3 (x) of the SC / ST Act would be made out only against accused no. 2 Ramji Yadav, who is petitioner no. 2 here. He submits that no other petitioners would come under the purview of SC / ST Act. Counsel for the State is not able to controvert the aforesaid submissions of the petitioners. It is well settled that cognizance is taken of the offence and not of accused. It will be open to the petitioners to make these - 2 - submissions at the time of framing of charge that no case under Section 3 (x) of SC / ST Act is made out. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)