LAKSHMI NARAYANA L Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the order passed by the Court of the I Addl. District & Sessions Judge, Ramanagara in Crl.Misc.No.98/2021 dtd. 10/2/2021. The application filed by the appellants / accused under Sec. 438 Cr.P.C. came to be dismissed holding that the petition was not maintainable keeping in view Sec. 18 and Sec. 18A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(2.) The appellants are arraigned as accused in Cr.No.17/2021 registered by Harohalli P.S. for offences punishable under Ss. 143, 323, 354, 448, 504, 506 read with Sec. 149 of the IPC, besides Sec. 3(1)(r) and Sec.

(3.) (1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The appellants / accused are under apprehension of arrest by the Investigating Agency without having been committed offences as narrated in the complaint and so also in the FIR in Cr.No.17/2021. However, this appeal has been preferred by the appellants / accused under Sec. 14-A(2) of the SC & ST (Amendment) Act, 2015 as there is an appeal provision but concurrent jurisdiction relating to Sec. 438 of the Cr.P.C. is vested to the High Court and so also the District & Sessions Judge to exercise power under Sec. 438 of the Cr.P.C. where the present appellants arraigned as accused are in apprehension of arrest. The said Sec. 14-A reads thus, for the purpose of reference: