LAWS(MAD)-2005-6-9

G KRISHNAN Vs. UNION OF INDIA

Decided On June 17, 2005
G.KRISHNAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) CHIEF JUSTICE by means of this writ petition, the petitioners have prayed for the issuance of a writ declaring Sections 3 and 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989) as ultra vires the Constitution.

(2.) WE have heard learned counsel for the parties and have perused the record.

(3.) IT is alleged in the writ petition that a false FIR has been lodged against the petitioners by respondent 4, who belong to the Scheduled Caste Community, on the basis of which respondent 3, the Sub Inspector of Police, Thalaivasal Police Station, Salem District has registered a criminal case under Sections 323/427 of the Indian Penal Code and Sections 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act ). The petitioner applied for anticipatory bail under Section 438 of Cr. P. C. but that application was dismissed by the District and Sessions Judge, Salem as not maintainable on 06. 07. 1994, in view of Section 18 of the Act.