KHADEM E DASTEGIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 438, Cr.P.C. and the present petitioners have prayed for an order of anticipatory bail in connection with offences under Section 406, 120B, I.P.C. and under Section 3(1) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the said Act) and also under Sections 419 and 420 of the I.P.C.

(2.) Before entering into the merit of the case it is better to mention at the very outset that learned Advocate for the State has raised an objection to entertaining the application under Section 438, Cr.P.C. in view of the Section 18 of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989. To oppose such objection of the learned Advocate for the State, learned Advocate for the petitioners have referred to the decisions reported in 2006 Cr LJ (SC) 1679 : (2006)1 C Cr LR (SC) 580, Dinesh alias Buddha v. State of Rajasthan ; 2002 Cr LJ 3311, Sri N. B. Gungarakoppa & Ors. v. State of Karnataka ; 2002 Cr LJ 4130, Pishora Singh v. State of Punjab & Anr.; 2004 Cr LJ 680, Somesh Das v. State of Chattisgarh ; and 2005 Cr LJ 2989, Dr. Rabindra Nath Pradhan v. State of Orissa. Prosecution case itself to find out whether the inclusion of such offence is genuine or apparently false on the face of the record.

(3.) The prevention of Section 18 of the said Act reads as follows : . .