(MOREPIC1)Chandigarh (Subhash Jindal)
Punjab and Haryana High Court Judge Justice Sh. Vikash Suri on Tuesday stayed the arrest of Parveen Kumar Mittal till the next date of hearing , which was fixed for hearing on July 20.
The case was heard by the High Court where Learned counsel for the petitioners, Mr. Karan Sachdeva, Advocate and Dr. Rau P.S. Girwar, Advocate for the complainant for the petitioners has contended that the petitioners had first approached the Sessions Court at Mansa with a prayer for grant of anticipatory bail in FIR No.200 dated 18.12.2021. under Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 506 and 34 of !PC, registered at Police Station City 1 Mansa.(SUBHEAD)
The said application was dismissed vide order dated 22,.06..2022 ), declining to exercise jurisdiction in view of the bar created by Sections 18 and l8A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As such, the said order would not be an appealable order under Section l4A (2) of the Act It is contended that the allegations, prima facie, would not be covered under the Act and as such, there would not be a bar to seek bail apprehending arrest from this Court.
Learned counsel cites Prithvi Raj Chauhan vs. Union of India, (2020) 4 SCC 727, in support of the contention urged. The Judge issued notice of motion for motion for 20.07.2022.
Mr. Harpreet S. Multani, AAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file reply and in the meanwhile, the petitioner be not arrested, till the next date of bearing. However, the petitioners would join the investigation as and when required, during the said period.
