OM PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The petitioner is a practicing advocate at Munger and faces allegations of committing offences under Section 307 of the IPC and that under Section 3(X) of the SC/ST (Prevention of Atrocities) Act. The learned Sessions Judge appears influenced more by the provision under Section 18 of the above noted Act by which a bar has been created in the jurisdiction of the Courts as regards Section 438 of the.Cr.P.C. I have been taken through the relevant paras of the decisions of this Court reported in 2001 (2) PLJR 127 and 2005 (3) PLJR 745 and it has been contended that merely calling a person by his caste without intending to humiliate him at public place in the public view will not constitute an offence under which the FIR has been drawn up. The next contention was that while considering the prayer for anticipatory bail under Section 438 of the Cr.P.C. the Court could look to the facts in order to arriving at a decision whether the facts constituted any offence under particular act.

(3.) As regards the offence under Section 307 of the IPC the allegation is that the petitioner pressed the neck of the informant but there was no injury.