BANSHILAL MADHOLAL SARPANCH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall dispose of the following point that has cropped up in Misc. Criminal Case No. 260/1990 (Guddu alias Wahid Khan v. The State) and Misc. Criminal Case No. 355/1990 (Bishambhar alias Satte v. The State) : whether the applications Under Section 438 (1), Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code') are tenable on coming into force of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') (No. 33/1989) which was admittedly enforced with effect from 30-1-1990.

(2.) SECTION 18 of the Act runs as follows : "nothing in Section 438 of the Code shall apply in relation to any, case involving the arrest of any person on an accusation of hearing committed an offence under this Act. "

(3.) IN Banshilal's case arising out of Crime No. 5/1989, P. S. Manpur, the offences alleged were punishable Under Sections 366-A and 376, Indian Penal Code. The Prosecutrix, Mst. Geeta, is admittedly a member of Scheduled Caste.