SANJAY LAKRA Vs. STATE OF CG

JUDGEMENT

(1.) LEARNED counsel appearing for the State submitted that on enquiry of caste it is found that the applicant did not belong to the Scheduled Tribe category, and belonged to the general category.

(2.) THE application under Section-438 of Cr.P.C. pertains to crime no. 87/ 2005 of Police Station-Bagicha, Distt. Jashpur for the offences punishable under Section-294, 506, 354, 106 of IPC and Section-3(1)(10) of the S.C. & S.T. (Prevention of Attrocities) Act 1989 (hereinafter refereed to as the "Act").

(3.) LEARNED counsel for the applicant Shri Prasad has contended that the bar under Section-18 of the Act is not attracted in this case since F.I.R. lodged by Smt. Hemlata Minj does not disclose the facts necessary to constitute the offence under Section-3(1)(10) of the Act. He further contended that merely abusing by using filthy language does not constitute the offence Section-3(1)(10) of the S.C. & S.T. (prevention of Attrocities) Act. 1989.