JUDGMENT : The petitioner seeks quashing of the entire criminal proceeding arising out of Adityapur P.S Case No. 424 of 2015 corresponding to G.R No. 1212 of 2015 which has been registered under section 323/504/506 IPC and under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2. By an order dated 23.04.2016 further proceeding in connection to Adityapur P.S Case No. 424 of 2015 was stayed by a co-ordinate Bench of this Court. 3. Mr. Sachin Kumar, the learned counsel for the petitioner has raised three fold contentions; (i) the complainant does not belong to Schedule Caste and while so, no offence under the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 can be alleged by him, (ii) on a bare reading of the complaint it does not appear that offence under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 is made out and, (iii) registration of the First Information Report is malafide and vexatious, as a retaliation to the departmental actions taken by the petitioner against the complainant. 4. At the outset it needs to be recorded that if the written complaint on the basis of which a First Information Report has been lodged discloses commission of an offence which requires investigation, on the ground that it has been instituted malafide, First Information Report cannot be quashed [refer, “State of Bihar Vs. J.A.C Saldanha” reported in (1980) 1 SCC 554 ]. The petitioner has produced copies of the letters and notice issued to the informant to plead that he has lodged the written complaint in retaliation and thus, malafide. This plea which primarily is a defence also requires investigation and any expression of opinion by this Court at this stage may prejudice the investigation. 5. Through I.A No. 2553 of 2016 the petitioner has brought on record a copy of the caste certificate submitted by the informant at the time of his appointment which would disclose that he belongs to Namasudra caste which is a Schedule Caste in the State of West Bengal but not in the State of Jharkhand and with reference to the decision in “Bir Singh Vs. Delhi Jal Board and Others” reported in (2018) 10 SCC 312 , it has been contended that a person belonging to Schedule Caste in his native State shall not be entitled for the benefit of his caste in the State of migration and while so, the allegation by the informant in the written complaint does not constitute an offence under the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989. On this contention, all that is required to be recorded is that benefits, particularly service benefits, to a person on account of his caste would not change the reality that he belongs to a particular caste. Moreover, whether the petitioner belongs to Schedule Caste or not cannot be decided without taking evidence and, that too, in this proceeding; it can very well be examined by the investigating officer. 6. The written complaint dated 14.11.2015 starts with; “I Palash Kanti Hazra, son of Mr. Balaram Hazra, belonging to Scheduled caste community, working in MSME TOOL ROOM (INDO DANISH TOOL ROOM), (undertaking of Central Govt) Jamshedpur, as an Engineer Production, (My Personal No. 01092) since 7th November 2001.” 7. In the written complaint the informant proceeds to narrate the events which, of course, pertain to official business also, however, it cannot be ignored that he has reiterated at other places that the accused has abused him naming him a Schedule Caste. There are allegations of assault and abuse. It is stated that the matter is under investigation and therefore I am not recording in detail the allegations made in the written complaint dated 14.11.2015, but I am of the definite opinion that the matter requires investigation. 8. The learned counsel for the petitioner has relied on decisions in “Gorige Pentaiah Vs. State of Andhra Pradesh and Others” reported in (2008) 12 SCC 531 and “Asmathunnisa Vs. State of Andhra Pradesh Represented By The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and Another” reported in (2011) 11 SCC 259 , to contend that to constitute offence under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 the utterances must be in public view. State of Andhra Pradesh Represented By The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and Another” reported in (2011) 11 SCC 259 , to contend that to constitute offence under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 the utterances must be in public view. This again is an issue which shall be examined during the course of investigation and at this stage, that is, at the threshold, the First Information Report cannot be quashed in exercise of powers under section 482 Cr.P.C. On the contention that the conversation allegedly recorded by the informant, extract of which has been reproduced in the counter-affidavit, does not disclose that the petitioner has abused/insulted the informant by naming him a Schedule Caste all that is required to be indicated is that it is not the only evidence the informant has disclosed in the written complaint dated 14.11.2015. 9. In the result, in view of the specific allegations in the written complaint, truthfulness of which shall be examined during the investigation, no interference is required in this matter and accordingly, Cr.M.P No. 823 of 2016 is dismissed. However, the petitioner, if so advised, may submit to the investigating officer, within two weeks, the materials including the caste certificate etc. which may be relevant for a fair investigation in the matter and in the meantime charge-sheet/Final Form, if not submitted shall not be submitted till 08.02.2019. Alternatively or additionally, the petitioner may submit all the documents which according to him is necessary for a fair investigation in the matter to the Superintendent of Police, Seraikella-Kharsawan. 10. I.A No. 2553 of 2016, I.A No. 6083 of 2016 and I.A No. 588 of 2019 stand disposed of.