BACHITTAR SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) BY this common order, CRM -34701 -2014, filed by Bachittar Singh & Shamsher Singh and CRM -M -35531 -2014 filed by Baldev Singh, Shangara Singh and Atinder Pal Singh, under Section 438 Cr.P.C. for grant of anticipatory bail, are being disposed of as these arise out of the summoning order dated 03.07.2014 passed by the Judicial Magistrate Ist Class, Batala, in a criminal complaint filed by respondent -Surjit Singh, under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989'). For brevity, the facts are being extracted from CRM -M -34701 -2014.

(2.) LEARNED counsel for respondent -complainant vehemently contended that there is a clear bar to the applicability of Section 438 Cr.P.C. in respect of offence under Section 3 of the Act of 1989 by virtue of Section 18 thereof.

(3.) I am, however, of the view that if circumstances of the case so require, this Court can entertain and permit the application for grant of prearrest bail by exercising the powers under Section 482 Cr.P.C. The complaint Annexure P -1 was filed by the respondent -complainant under Section 3 of the Act of 1989 and Section 295 -A of the Indian Penal Code (IPC). The learned Judicial Magistrate Ist Class, Batala on the basis of preliminary evidence found sufficient grounds to proceed against the accused under Section 3 of the Act of 1989 whereas for the offence under Section 295 -A IPC it was observed that respondent -complainant failed to bring sufficient material and as such the complaint qua offence under Section 295 - A was dismissed. The summoning order dated 03.07.2014 passed by the learned Magistrate is Annexure P -2.