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ANOOP CHITKARA
Inderjit Singh – Appellant
Versus
State of Punjab – Respondent
| FIR No. | Dated | Police Station | Sections |
| 24 | 04.02.2023 | Sadar Khanna, Police District Khanna, District Ludhiana | 452, 323, 506, 148, 149, 427 IPC (Sections 458 IPC and 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 added later on. |
| Criminal Case no. before trial Court
| CIS No. 1286 dated 13.02.2023 CNR No. PBLD01-003915-2023 Date of Order: 20.02.2023 |
Aggrieved by the dismissal of his bail under section 438 CrPC, the accused has come up before this court by filing an appeal under section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), seeking bail.
2. The appellants had filed a bail application before the Judge Special Court, Ludhiana, which was dismissed on 20.02.2023.
3. In Prathvi Raj v. Union of India, AIR 2020 SC 1036, a three-judge bench of Supreme Court read down S. 18 by declaring as follows:
[10]. Concerning the applicability of provisions of section 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a
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