R K SANGWAN Vs. STATE

JUDGEMENT

(1.) WHILE dealing with Bail Application No. 1514/2007, a learned Single judge of this Court has made a reference to a larger Bench on the question, whether the bar of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act")operates as a complete bar to the maintainability of petitions/applications under Section 438 of the Code of Criminal Procedure 1973.

(2.) SECTION 18 of the Act read as under:-"18. Section 438 of the Code not to apply to persons committing an offence under the Act.- Nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act. "

(3.) SINCE we are in complete agreement with the view taken by a Full bench of the Rajasthan High Court reported as 2000 Crl. L. J. 2899 Virender singh v. State of Rajasthan, in which decision various authorities on the subject have been noted, we propose to pen a short decision for the reason the Full Bench of the Rajasthan High Court has extensively dealt with the issue and in our opinion on sound reasoning; which we adopt.