SHEIKH SHAFIQUE @ SHAFI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter referred to as "SC/ST Act" ) being aggrieved by the order dated 11.01.2020 passed by the Special Judge (Atrocities), District Bhopal in Bail Application No.81/2020, whereby the learned Special Judge has dismissed the application filed by the appellant under Section 438 of the Cr.P.C only by saying that as per Section 18 of SC/ST Act, the application under Section 438 of Cr.P.C. is not maintainable.

(2.) Learned counsel appearing for the applicant submits that the Court passed the order without considering the merits of the case, whether offence of any section of the SC/ST Act is made out prima facie against the applicant or not. Without considering this fact, simply dismissed the application on the basis of mentioning the offence under Section 3(1)(da) (dha) and 3(2)(va) of the SC/ST Act in the FIR. Since no case is made out under any provisions of the SC/ST Act against the applicant; therefore, Section 438 of the Cr.P.C. is maintainable in these circumstances. Heard learned counsel for the parties.

(3.) No doubt, recently Apex Court in the case of Prathvi Raj Chauhan vs. Union of India and others, 2020 AIR(SC) 1036, discussed the scope of the provisions of Section 438 of the Code of Criminal Procedure in relation to Section 18 and 18A (newly amended) of the SC/ST Act.