About Me

My photo
since 1985 practicing as advocate in both civil & criminal laws

Saturday, March 23, 2013

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”). Under Section 18 , the provisions of Section 438 of Cr.P.C. are not made applicable to the persons accused of offences punishable under the provisions of the Act.


THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

Criminal Petition No.1341 of 2013

ORDER:-

          The petitioners apprehend arrest in Crime No.257 of 2012 of Peddapally P.S., Karimnagar District, registered for the offences under Sections 448 and 506 I.P.C., and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”).
Under Section 18 of the Act, the provisions of Section 438 of Cr.P.C. are not made applicable to the persons accused of offences punishable under the provisions of the Act.  In that view of the matter, I am not inclined to grant anticipatory bail to the petitioners. 
Accordingly, the Criminal Petition is dismissed. However, the petitioners are at liberty to surrender themselves before the Designated Court for trial of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at Karimnagar District, and move an application seeking for regular bail.  In which event, the learned Special Judge has to consider the application on the same day, as practicably as possible.
         
_________________________
Justice B.Seshasayana Reddy
26th February, 2013
gm/vjl



No comments:

Post a Comment

Note: Only a member of this blog may post a comment.