GOPAL MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.G.A.

(2.) This writ petition has been filed, praying for the following relief:-

(3.) Learned counsel for the petitioner submits that no offence under Section 3 (i) (dh) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out, inasmuch as, as per allegations made in the impugned FIR, neither the incident took place at any public place nor any specific role of the petitioner has been assigned. It is further submitted that accused Nos. 1 and 2 namely, Deepak and Anil Kumar @ Kater are close relatives of the informant-respondent no.3 and all are residing in one and the same house. Accused No.1 Deepak is "Dever" and accused No.2 Anil Kumar @ Kater is the "Nephew" of the informant-respondent no.3 and the petitioner, who is the accused No.3 has merely tried to intervene between the petitioner and her Dever and Nephew and consequently he has been falsely implicated. He further submitted that although no prima facie case under SC/ST Act has been made out and yet petitioner could not apply for anticipatory bail as Sections 18 and 18-A of the Act, 1989 specifically bar the applicability of Section 438 Cr. P.C.