RAMESH PRASAD BHANJA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure. Petitioner No. 2 is the wife of petitioner No. 1 and petitioner No. 3 is their son. The three petitioners apprehend that they may be arrested in connection with Phulbani Town P.S. Case No. 20 of 1996 which has been registered under Section 490-A/34, Indian Penal Code and under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Act"). The said case has been registered on the basis of a First Information Report lodged by one Tunilate Bhanja who has alleged in the F.I.R. that she is the wife of petitioner No. 3. It is alleged in the F.I.R. that the parents of petitioner No. 3 have got the latter married to another lady on 8-2-1996 in Puri Temple presumably because the informant is a lady belonging to lower caste (Ajati). It is further alleged that because of the said marriage, her husband (petitioner no. 3) is not coming to the matrimonial home. On the aforesaid allegation, the Officer-in-Charge, Town P.S., Phulbani, registered the case under Section 498-A/34, Indian Penal Code, and under Section 3(1)(xii) of the Act.

(2.) The learned counsel for the petitioners submits that reading the entire F.I.R., it cannot be said that any prima facie case has been made out either under Section 498-A, Indian Penal Code, or under Section 3(1)(xii) of the Act. The counsel further submits that the petitioners apprehend that they may be unnecessarily harassed by the police and they should be released on anticipatory bail.The learned Standing Counsel appearing on behalf of the State vehemently opposes the application under Section 438 of the Code of Criminal Procedure (hereinafter referred to as the "Code") and submits that in view of the prohibition under Section 18 of the Act, the petitioner under Section 438 is misconceived.

(3.) Section 18 of the Act lays down as follows :-