MOTILAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners as also learned A.P.P. for the State and learned counsel for the opposite party no. 2.

(2.) Through this application, the petitioners who are figured as accused in Munger SC/ST RS. Case No. 54/03 seek to challenge the order dated 30.3.05 passed by the learned 1st Addl. Sessions Judge, Munger in Cr. Revision No. 26/05 affirming the order dated 8.12.04 whereunder he has taken cognizance for the offence punishable under the Penal Code and Sec. 3(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act').

(3.) It is admitted by the parties that both the trial court and the revisional court had committed an error of record by mentioning Sec. 3(v) while taking cognizance and while upholding the Magisterial order as there is no such provision inserted in the Act itself.