BHARATSINGH Vs. HARIJAN KALYAN VIBHAG

JUDGEMENT

(1.) APPLICANT by Shri D.R. Sharma, Acvocate. State by Shri D.R. Sihare, Panel Lawyer. They are heard.

(2.) APPLICANT Bharat Singh Ravat apprehends his arrest in Crime No. 20/91 (P.S. Harijan Kalyan, Gwalior) registered under Sections 341, 376 and 506 (Second Part), Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The other co -accused are Kamal Singh, Munna Singh and Surendra Singh.

(3.) THE first point for determination is whether Section 18 of the S.C. and S.T. (Prevention of Atrocities) Act, 1989 is bar to the entertainment of this application under Section 438(1), Criminal Procedure Code.