JUDGMENT

Ashok Kumar Verma, J. - Notice of motion.

On the asking of this Court, Mr. Munish Sharma, AAG, Haryana accepts notice of motion.

2. The petitioner in the aforesaid anticipatory bail application filed under Section 438 of the Cr.P.C. is alleged to have committed offences punishable under Section 3 (1) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') and Section 384 of the IPC in case FIR No.948 dated 19.10.2022 registered at Police Station Assandh, District Karnal.

3. The moot point which requires consideration by this Court in the present case is whether in the matter of grant of anticipatory bail to the petitioner alleged to have committed offences under the SC/ST Act can approach this Court directly by filing application under Section 438 of the Cr.P.C. for grant of anticipatory bail when the said statute provides an absolute prohibition on the applicability of the provisions of section 438 of Cr.P.C.

4. The present FIR has been registered by the police on the statement of Mr. Dinesh Kumar, Secretary and Executive Officer, Market Committee Assandh, Karnal against the petitioner on the complaint