Held that Section 438 Cr.P.C. is not maintainable due to the bar under Sections 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevented Atrocities) Act, 1989, referencing Supreme Court and High Court precedents.
Petitioners directed to surrender and be released on interim bail by the District Judge, Angul, unless victim's injuries are near-fatal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.7882 of 2022
Harihar Sahu and another
-versus-
State of Odisha
…. Opp. Party Mr. S. Mishra, A.S.C. Mr. S.C. Mohanty, Advocate for the informant
CORAM:
JUSTICE A.K. MOHAPATRA
Order No.
ORDER 22.07.2022
// 2 //
Supreme Court of India in the matter of Prathvi Raj Chauhan-vrs. Union of India and others , reported in 2020(1) OLR (SC) 419 . In Paragraph-10 of the said judgment it has been held that provision of Section 438 Cr.P.C. shall not apply to the case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989. While saying so, the Hon’ble Supreme Court has further observed that if the complaint does not make out a prima facie case for applicability of the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the bar created by Sections 18 & 18-A of the Act shall not apply.
// 3 //
on such terms and conditions as deemed just and proper.
Urgent certified copy of this order be granted on proper application.
Jagabandhu
( A.K. Mohapatra)
Judge
2 issues framed by the court
Whether Section 438 Cr.P.C. is maintainable in a case involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Whether the bar under Sections 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 applies.
Colour shows how this judgement treated each authority
Prathvi Raj Chauhan-vrs. Union of India and othersExplained¶16
2020(1) OLR (SC) 419
Pramod Kumar Ray and others-vrs.-State of OdishaFollowed¶19
(2017) 67 OCR 309
2 provisions across 2 enactments
Harihar Sahu
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
