JUDGMENT 1. - Learned counsel for the petitioner wants to withdraw this petition but he submits that the application u/s 438, Cr.P.C. is not being entertained by the Court of Sessions Judge because an accusation is made u/s 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The contention of the learned counsel for the petitioner is that if no prima facie case is made out u/s 3 of the said Act, the court is not debarred in granting the anticipatory bail The learned counsel, therefore wants to file a petition u/s. 438, Cr.P.C. before the learned Sessions Judge, Kota. I am of the view that if a petition comes before the court even u/s. 438, Cr.P.C. in a case which has been registered u/s. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. the court has to decide the same. Therefore, if such petition comes before the court concerned, the same shall be decided by it in accordance with law. 2. With these observations, the petition is dismissed.Petition dismissed. *******