ADITYA KUMAR TRIVEDI, J

1. Dr. Ashok Kumar Jha, Dr. Deo Nandan Prasad happen to be the petitioners of Cr. Misc. No. 847/2010 while in Cr. Misc. No. 26699 of 2009, Dr. Gopal Mishra happens to be petitioner who have challenged order dated 13.4.2009 passed in Complaint Case No. 2581 (C) of 2008 by which learned lower court, Sri Daya Shankar Singh, J.M. 1st Class Begusarai had summoned all of them to face trial for an offence punishable under Section 341 as well as 3(x) of SC/ST (PA) Act.

2. On 18.11.2008, O.P. No.2, Anil Kumar an employee of Sadar Hospital, Begusarai filed complaint against all the petitioners disclosing therein that he happens to be a member of Scheduled Caste and is presently employed at Sadar Hospital, Begusarai. On 18.11.2008 at about 2:00 P.M. while he was proceeding towards chambers of Civil Surgeon, he was intercepted by all the accused in midst of way. Dr. Deo Nandan Prasad caught hold his collar and abused and further said that as he happens to be Deputy Superintendent therefore he has to abide by his direction. On his protest and further disclosing that written order be issued thereupon, Dr. Gopal Mishra and Dr. Ashok Kumar Jha spat over his mouth. He