JUDGMENT 1. - By way of revision petition u/s. 397/401 Cr.P.C. petitioner has challenged the order dated 15.1.2003 passed by Additional Chief Judicial Magistrate, Ratangarh so far as it relates to taking of cognizance as against second respondent Shri Lal Mohammed. 2. I have perused the impugned order. It is alleged that on 5.9.2002 while complainant-Smt. Vimla and her bhabhi Smt. Sanju were in the house, accused- Manir Khan, Lal Mohd. (respondent herein), Chand Mohd. Salim and Ramjan entered into the house and abused them in filthy language. They were insulted and humiliated them by referring their caste in derogated way. An attempt was also made to molest their chastity. Police registered a case against the accused persons for offence u/ss. 451 & 354 IPC and Section 3(1)(10)(11) of SC/ST Act. The learned Magistrate by impugned order has taken cognizance against all the accused persons except Lal Mohd. A plea was taken by Lal Mohd. to the effect that at the time of incident he was on duty in the Patvar Circle. 3. I am of the view, that the, learned Magistrate has committed error in appreciating the plea of alibi at the stage of taking cognizance. It is a matter of evidence. If the petitioner could be at the place of incidence even if he was on duty on the Patvar Circle on the date of incident. 4. Consequently, the petition is allowed. The order of Additional Chief Judicial Magistrate, Ratangarh so far as it relates to refusing to take cognizance against second respondent-Lal Mohd. is concerned is set aside. The cognizance is taken against Lal Mohd. for offence u/ss. 451 & 354 IPC and Sec. (1)(10)(11) (sic 3(1)(10)(11) of the SC/ST (Prevention of Atrocities) Act, the learned Magistrate is directed to procure the attendance of the second respondent and send him to trial by issuing an appropriate process.Revision petition allowed. *******