JUDGMENT

S.B. Sakrikar, J. - This is an application filed by the applicant u/Section 438, Cr. P.C. on the allegation that he apprehends his arrest in Crime No. 23/1998, registered at Scheduled Caste Kalyan Prakosth, Jhabua u/Sections 341,294. IPC and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. It is stated on behalf of the prosecution that as the case is registered against the applicant under the provisions of S.C. & S.T. Act, therefore, in view of Section 18 of the said Act, the application under Section 438, Cr. P.C. is not maintainable.

3. Learned Counsel for appellant submitted that in view of the allegations alleged against the applicant primafacie do not constitute an offence u/Section 3(1)(10) of the said Act. As such the bar created u/Section 18 of the said Act shall not apply for consideration of the application filed by the applicant u/Section 438. Cr. P.C. Learned Counsel relied on the decisions of this Court in cases of Kalyan Singh v. State of M.P.1 and Bablu v. State of M.P.2. The learned Counsel also contended that the present applicant is a Government servant and is posted as Veternary Doctor at Veternary Hospital