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Judgment
Abhijit Sinha, J.—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. Through this application, the petitioners who are figured as accused in Munger SC/ST P.S. 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 Section 3(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ''Act'').
It is admitted by the parties that both the trial court and the revisional court had committed an error of record by mentioning Section 3(v) while taking cognizance and while upholding the Magisterial order as there is no such provision inserted in the Act itself.
In that view of the matter that part of the order taking cognizance regarding the provision of the Act as also revisional court''s order in that regard are quashed. The learned C.J.M., Munger will be at liberty to look into the matter and pass fresh orders in accordance with law. In the result this application is disposed of in the light of the observations made above.