LIYAKAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals under section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') have been filed on behalf of the appellants being aggrieved with the orders dated 16.7.2018 and 5.7.2018 passed in Criminal Misc. Case No.975/2018 and in Criminal Misc. Case No.943/2018 respectively by the learned Special Judge (SC/ST Act Cases), Bikaner (hereinafter to be referred as 'trial court'), whereby the trial court has dismissed the anticipatory bail applications filed on behalf of the appellants in connection with FIR No.68/2016 of Police Station Jaynarayan Vyas Colony, Bikaner.

(2.) The appellants apprehend their arrest in connection with FIR No.68/2016 of Police Station, Jaynarayan Vyas Colony, Bikaner for the offences punishable under Sections 458, 323, 354, 427, 380, 143 I.P.C.Section 3(1)(10), 3(1)(11) of SC/ST Act.

(3.) Learned counsels for the appellants have submitted that the impugned FIR has been lodged by the complainant after a delay of 10 days. It is also submitted that the police did not file any FIR on the complaint lodged by the appellant Devi Lal on 12016 at Police Station Jaynarayan Vyas Colony, Bikaner in relation to an incident took place on 12.2016, however, on 22.2016 i.e. after ten days of the said incident, the police registered the FIR on the complaint filed by the appellant and immediately thereafter the police has also filed FIR on the complaint of the complainant.