Joymalya Bagchi, J.

Proceeding registered in Suri P.S. Case No.448 of 2015 dated 17th December, 2015 under Section 323/427/379/506 of the Indian Penal Code and under Section 3(i)(iv)(v)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter referred to as Act of 1989) has been assailed. The allegations in the application under Section 156(3) of the Cr.P.C. which were treated as F.I.R. in the instant case is to the effect that the defacto-complainant and his family members are members of the Scheduled Caste Community. It has been claimed that the family members of the defacto-complainant were carrying on pisciculture in the pond in question for the last 50 years. On 20.3.2015 at about 8 A.M., the petitioners attacked the defacto-complainant and assaulted him and took away fishes from them. The petitioners also abused the defacto-complainant by referring to their caste. When the family members of the defacto-complainant objected, they were further abused and it was stated that the petitioners shall not permit them to enter the pond as they were members of low caste. The petitioners had also threatened that they would kill and/or destr