M.N. Bhandari, J. - (1.) By this criminal misc. petition, a challenge is made to the order dated 13th October, 2003 taking cognizance of offence against the petitioner under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Act of 1989") and Section 504 of IPC.
(2.) Learned counsel submits that cognizance of offence has been taken without considering the allegation for commissioning of offence under those provisions. It is not that cognizance has been taken under Section 3 of the Act of 1989 but is under Section 4 of the Act of 1989 regarding neglect of duties, in performance under the said Act.
(3.) Learned Public Prosecutor, on the other hand, has opposed the petition.;