K.K. Varma, J.

1. Applicant by Shri D.R. Sharma, Acvocate. State by Shri D.R. Sihare, Panel Lawyer. They are heard.

2. Applicant Bharat Singh Ravat apprehends his arrest in Crime No. 20/91 (P.S. Harijan Kalyan, Gwalior) registered under Sections 341, 376 and 506 (Second Part), Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The other co-accused are Kamal Singh, Munna Singh and Surendra Singh.

3. Mathura Bai, wife of Jagram, a member of the Scheduled Tribe (aged 35 years) is the prosecutrix in this case.

4. The first point for determination is whether Section 18 of the S.C. and S.T. (Prevention of Atrocities) Act, 1989 is bar to the entertainment of this application under Section 438(1), Criminal Procedure Code.

5. Section 18 of the Act reads as under : --

"18. Section 438 of the Code not to apply to persons committing an offence wider the Act. -- Nothing in Section 438 of the 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."

6. The Police have also made an accusation under Section 3(1)(xii) of the Act which runs as follo