KALI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as "the Code") read with Article 227 of the Constitution of India is directed against the order dated 15..8.2000 passed by the learned Judicial Magistrate 1st Class (3), Shimla, whereby he has released the respondents - accused 2 to 7 (hereafter referred to as "the accused") on bail in FIR No.169/2000 dated 4.8.2000 under Sections 147,451 and 506 IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter referred to as "the Act") registered at Police Station, Shimla (West).

(2.) The grievance of the petitioner complainant at whose instance the FIR has been registered (hereafter referred to as "the complainant") is that the accused were arrested by the police on 14.8.2000 and were released on bail by the said Magistrate on 15.8.2000 in hot haste and without application of mind to the facts and circumstances of the case and also in the absence of either the Assistant Public Prosecutor or the Special Prosecutor and that as per the Scheme of the Act, the case against the accused persons is triable by the Court of the Special Judge, therefore, the Magistrate before whom the accused were produced for the purpose of remand had wrongly granted bail to them as he had no jurisdiction to do so.

(3.) I have heard the learned Assistant Advocate General for the respondent - State but could not have the advantage of hearing anyone for the complainant and the accused as none appeared for them at the time of hearing.