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Judgment
11 paragraphs · 172 wordsAnoop Chitkara, J
The present petition has been field by the petitioner under Section 438 Cr.PC, whereas the offences are punishable under the Scheduled Caste &
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It is in extremely exceptional cases that such application could have been entertained under Section 438 Cr.PC. I am of the considered view that
the present case does not fall under the category of exception as laid down by Hon’ble Supreme Court of India in Prathvi Raj Chauhan vs. Union
of India, 2020 SCC online SC 159.
At this stage, Mr. Deepak Arora, learned counsel, for the petitioner, seeks permission to withdraw the present petition with liberty to file afresh
under Section 439 Cr.PC with a request for interim bail. Permission granted. Liberty reserved.
Mr. Nand Lal Thakur, learned Additional Advocate General to supply copy of the status report to enable the petitioner to also annex the status
report with the new petition, if so filed.
Given above, the present petition is dismissed as withdrawn.