HARPREETINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.)' praying for issuance of directions to the arresting officer/SHO, Police Station, Barnala, to release the petitioner on bail in the event of his arrest in case FIR No.221 dated 24.12.2019, under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Barnala.

(2.) The grievance of the petitioner is that vide AnnexureP5, the above stated FIR has been lodged against him at the instance of one Jatinder Singh, who was a social study teacher in the same school along with the petitioner and that the petitioner has been targeted in a mala fide manner.

(3.) Before issuing notice in the present petition, the learned Assistant Advocate General, Punjab, was asked to assist the Court with regard to the maintainability of the present petition which has been filed under Section 438 of the Code of Criminal Procedure, in view of specific bar created under Section 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'the SC and ST Act'), and particularly in view of the judgment of Hon'ble the Supreme Court in Union of India Vs. State of Maharashtra and others, 2019 (4) RCR (Crl.) 828. Learned counsel for the petitioner had raised an argument that when the FIR does not, prima facie, disclose commission of or make out an offence under the SC and ST Act, then the petition under Section 438 Cr.P.C. would be maintainable despite the bar created under Section 18-A of the SC and ST Act and therefore, on 16.1.2020, notice of motion was issued to the State so that the matter can be heard in its entirety, both on maintainability as well as on the merits of the case.