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2013 Supreme(SC) 365

A.K.PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA
SHAKUNTLA DEVI – Appellant
Versus
BALJINDER SINGH – Respondent


ORDER

1. Leave granted.

2. We have heard learned counsel for the parties.

3. By the impugned judgment dated 31.01.2012 passed in Criminal Misc.No.M-17586 of 2011, the High Court has granted anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 to the respondent in Complaint Case No.38/1 dated 30.07.2010, under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984 and Sections 323, 354, 388 and 506 of the Indian Penal Code, 1860 registered with P.S.Model Town,Panipat (Haryana).

4. We find that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984 provides that nothing in Section 438 of the Criminal Procedure Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.

This Court has also held in Vilas Pandurang Pawar & Anr. Vs. State of Maharashtra & Ors., reported in 2012 (8) SCALE, 577 that Section 18 of the Act creates a specific bar to the grant of anticipatory bail to a person against whom any offence is registered under the provisions of the aforesaid Act and, therefore no Court shall entertain an



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