RAMGOVIND SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Atrocities Act') against the order dated 22.01.2019 passed by Special Judge (Atrocities), Morena, whereby the application of the appellant under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected in connection with Crime No.132/2018 registered at Police Station Mahua, District Morena for the offences under Sections 323, 294, 34 of IPC and Section 3(1) (r) and 3(1)(s) of SC/ST Act.

(2.) Learned counsel for the appellant submits that as per prosecution case, on 17.12.2018, complainant has lodged report at Police Station Mahua that Ramgovind along with three other unknown persons have assaulted him and also gave filthy languages against his caste. It is further submitted that the applicant is permanent resident of Mahua, District Morena and he has been falsely implicated in the offence when appellant asked the money which he had given to the complainant for repairing the submersible motor. It is also submitted that except Section 3(1)(r) of SC/ST Act, all other offences are bailable, hence prays for grant of anticipatory bail.

(3.) Learned Public Prosecutor for respondent/State opposed the prayer and submitted that there is specific allegation against the present appellant, he is also named in the FIR and the injuries caused to the complainant have been proved in the MLC. It is also submitted that investigation is going on. He referred Section 18 and amendment notified in the Gazette Notification dated 17-08-2018 by way of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 and submitted that it specifically bars entertainment of such application under Section 438 of Cr.P.C. Therefore, according to the respondent/State, appeal is not maintainable. It is further submitted that the case is to be tested on its merits as well as on the basis of the Amendment Act, 2018. Hence, he prayed for rejection of anticipatory bail application.