R K SANGWAN Vs. STATE OF NCT OF DELHI
HIGH COURT OF DELHI
STATE OF NCT OF DELHI
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(1.) This application under Section 438 of Cr.P.C has been preferred on behalf of the petitioners/applicants against whom a case under Section 3 of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ?the Act?) has been registered.
(2.) Section 18 of the Act reads as under:
"18. Section 438 of the Code not to apply to persons committing an offence under 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."
(3.) It is obvious from the above provision that Section 438 of Cr.P.C is not applicable in relation to an accusation of having committed an offence under the Act. The Constitutional validity of this provision was upheld by the Supreme Court in State of M.P. Vs. Rakesh Bahlotia 1995 SCC (Crl.) 439.;
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