Harjit Kaur vs State Of Punjab - 2022 Supreme(P&H) 694

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2022 Supreme(P&H) 694

NIDHI GUPTA
Harjit Kaur – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Mr. Gulzar Mohammed, Advocate for the appellant., for the Appellant; Mr.Mohit Kapoor, Addl. AG Punjab for the respondent State., Mr. KK Sehjal, Advocate for the complainant., for the Respondent

JUDGMENT

Nidhi Gupta, J(Oral). - This appeal under Section 14A(2) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 (for short 'the SCST Act') is directed against the order dated 30.09.2022 passed by Additional Sessions Judge, Jalandhar vide which anticipatory bail application moved by the appellant under Section 438 Cr.PC was dismissed. Appellant had sought anticipatory bail in criminal case arisen out of FIR No. 75 dated 22.9.2022 registered under Sections 354-A, 506 IPC; and subsequently offence under Section 3 of the SCST Act was added later on, on 25.9.2022 vide Rapat No. 20, PS Patara, District Jalandhar (Rural).

2. The impugned order dated 30.9.2022 reads as under:-

'Through this application prayer has been made to admit the applicant on anticipatory bail in FIR registered u/ss 354-A, 506 IPC and u/s 3 of the SC & ST (Prevention of Atrocities Act,1989). However, in view of the notification dated 1st January 2016 and notification dated 20th August, 2018 issued by Ministry of Law and Justice, anticipatory bail under SC & ST (Prevention of Atrocities Act 1989) is barred.

Therefore, for this short ground, this application being not maintainable is