RASHIDKHA ANWARKHA PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. ADMIT. Taken up for final hearing by consent of the parties.

(2.) The present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short) is filed because the application filed on behalf of the appellants under Section 438 of the Code of Criminal Procedure for anticipatory bail i.e. Misc. Criminal Application NO. 379/2018 is rejected by the learned Additional Sessions Judge, Washim on 12.11.2018, principally on the ground that there is a bar to entertain the application under Section 438 of the Code of Criminal Procedure.

(3.) The offence is registered against the appellants with Police Station, Washim (Rural), Washim on 28.10.2018 vide Crime No. 312/2018 for the offences punishable under Sections 452, 354, 323, 504, 506 and 34 of the Indian Penal Code and under Sections 3(1)(r)(s), 3(1)(g), 3(1)(w)(i)(ii), 3(2)(va) of the Atrocities Act.