KASHIRAM Vs. STATE OF C G

JUDGEMENT

(1.) HEARD . This is an application filed under Section 438 of the Code of Criminal Procedure: for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No. 388/2007, registered at Police Station-Kawardha for the offence punishable under Sections 294, 506, 323 read with Section 34 of the IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the 'Special Act').

(2.) THE brief facts are that on 25.10.2007, at about 9.30 p.m. a first information report was lodged by the complainant namely-Mohan Das that at about 8.00 p.m. in the Meeting of Gram Sabha, he was abused and assaulted by these applicants because he had asked the Secretary of the Gram Panchayat to show the account book pertaining to certain expenditure incurred by the Panchayat.

(3.) ON the other hand, learned counsel for the State opposes these arguments. He raises the ground of Section 18 of the Special Act, saying that this petition would not be maintainable in view of the above provisions.