YASHPAL KAUSHAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, by way of instant petition under Section 438 read with Section 482 of Code of Criminal Procedure ('Cr.P.C'. for short), has approached this Court seeking pre-arrest bail in FIR No.53 dated 1.6.2012 under Sections 3 and 4 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act for short), registered at Police Station Nangal, District Ropar.

(2.) Notice of motion was issued and interim protection was granted to the petitioner vide order dated 4.7.2012.

(3.) Learned counsel for the petitioner submits that in compliance of the order passed by this Court, petitioner has joined the investigation and also cooperated with the investigating agency. It is further submitted that, since no case, whatsoever, is made out against the petitioner, even after accepting the allegations levelled in the FIR to be true on their face value, the statutory bar under Section 18 of the SC & ST Act, would not come in the way of the petitioner. The allegations levelled against the petitioner being vexatious and frivolous on the face of it, amounts to the glaring abuse of the provisions of the SC & ST Act.