RAGHUVIR PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER Raghuvir Prasad apprehends his re -arrest in the above crime registered u/s 294, 323, 341, 335, 355 and 506 -B IPC and section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989, relating to an incident, which took place on 14.3.95. According to the prosecution case petitioner Raghuvir Prasad abused filthily; assaulted and threatened to kill complainant Lokman, Kotwar. The material contained in the case diary including the statement of complainant Lokman falls short of making out a prima facie case under the provisions of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and, therefore, the bar contained in section 18 of the Act will not operate and this petition filed u/s 438 Cr.P.C. is maintainable.

(2.) SHRI Kochar, the learned counsel for the petitioner, contended that the petitioner in fact was arrested by the Police in the above Crime and thereafter having remained in jail for about 15 days, was discharged by A.C.J.M., Gadarwara vide order dated 15.5.95.