This application is for quashing the order dated 25.10.2006 passed by learned C.J.M., Koderma in Koderma P.S. Case No. 381 of 2006 corresponding to G.R. Case No. 565 of 2006 whereby and whereunder he took cognizance of the offence under section 366A/376/420/406 of the Indian Penal Code and U/s 3(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act. Whereas the aforesaid Cr. Revision has been directed against the order dated 24.7.2008 passed by 1st Additional Sessions Judge-cum-Special Judge, Koderma in S.T. No. 16 of 2007 whereby and whereunder he rejected the application of petitioner for discharge.

2. It is relevant to mention that S.T. No. 16 of 2007 arose from Koderma P.S. Case No. 381 of 2006 corresponding to G.R. No. 565 of 2006. Since both the cases arose from same P.S. Case and similar point arose for determination, therefore, they were heard together and are being disposed of by this common order.

3. It is submitted by Sri. Anil Kumar learned counsel for the petitioner that from perusal of FIR, no case under section 376, 420 and 406 of the IPC and also under section 3(xii) of the Schedules Casts and Schedules Tribes (Prevention of Attr