ALLAHABAD: The Allahabad high court on Monday set aside an order of summoning under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, saying that for constituting an offence under this act, public view is mandatory.If the offence has allegedly been committed behind closed doors - where no witness is present - the SC/ST Act cannot be applied, said Justice RK Gautam while quoting a Supreme Court ruling and disposing a petition filed by a Sonbhadra resident against the order of Duddhi judicial magistrate in Sonbhadra.Petitioner KP Thakur was probe officer in a departmental inquiry against one Vinod Kumar Tanay . According to the petition, Thakur had called Tanay to his chamber for recording of evidence on the day of incidence. The latter had brought a colleague MP Tiwari along with him. Thakur asked Tiwari to go out of his chamber as it would have hindered the process of recording, the petition says.Following this, Tanay moved a petition before the judicial magistrate against Thakur under SC/ST Act and other sections of Indian Penal Code . After the court summoned Thakur, he challenged the order in high court.While partly allowing the petition filed by Thakur, the court observed: “The door was locked form inside. It was a chamber of the enquiry officer (Thakur), where presenting officer (Tanay) and enquiry officer were present and it can never be said to be a public view. Even if any occurrence took place at that place, it may never be said to be a public view and it has been verified by the apex court. Hence, the very ingredient of offence punishable under Section 3(1)(X) of the SC/ST Act was missing”.The court quashed the summoning for offence punishable under the SC/ST Act. However, the judge made it clear that for rest of the offences, no relief was given to the petitioner.The case was sent back to the Duddhi judicial magistrate to be tried under Sections 323 (simple hurt) and 506 (criminal intimidation) of Indian Penal Code.