MANJIT INDIRA Vs. STATE OF U.T.

JUDGEMENT

(1.) THIS is a petition under Section 438 Cr.P.C. filed by the accused petitioner, seeking anticipatory bail in a case under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act), and under Section 506 IPC.

(2.) THE learned counsel appearing for U.T. Chandigarh has raised a preliminary objection that in view of the bar created by Section 18 of the Act, no order for the release of the accused-petitioner on anticipatory bail can be passed. On the other hand, the learned counsel for the petitioner has submitted that in the FIR lodged by Smt. Devinderjit Kaur (complainant), there is nothing to indicate that she belonged to a scheduled caste and under these circumstances, prima facie, no offence under Section 3(i)(x) of the 'Act' is made out. He has further submitted that the provisions of Section 18 of the Act would not be applicable in the present case.

(3.) ASI Hargobinder Singh Dhaliwal from Sub-Division Central, Chandigarh is present in person alongwith SI Hari Kumar from PS West Chandigarh alongwith police file. A perusal of the police file would show that neither in the FIR lodged by Smt. Devinderjit Kaur nor during investigation, anything has come on the record to show that the complainant Smt. Devinderjit Kaur belongs to scheduled caste.