JUDGMENT Nirmal Singh, J. - This is a petition under Section 438 Criminal Procedure Code for pre- arrest bal in Complaint Case No. 53 dated 4.2.2002 titled as Harbans v. Harkesh and another under Section 323/34 Indian Penal Code read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called the Act). 2. Harbans Lal filed a complaint against the petitioners on 14.11.2002 stating therein that on the Diwali Day, the petitioners gave him beatings with legs and slaps on his face and also in the stomach and called him as Chammar, Chamaru, Dhaid. It was alleged in the complaint that the petitioners have threatened the complainant that in case he lodged any complaint, he would be killed. In the preliminary evidence, the complainant himself appeared as PW-1 and also examined Het Lal eye-witness of the occurrence. A prima facie case against the petitioners was found to issue the process. The petitioners challenged the order before the revisional Court. The Judge, Special Court dismissed the revision petition. The petitioners, apprehending their arrest filed an application before the Judge, Special Court, Faridabad for pre-arrest bail and the same was declined on the ground that the application is not maintainable. 3. Learned counsel for the petitioners submitted that from the complaint itself, no offence against the petitioners is made out as the petitioners have stated that they belong to scheduled caste and have not given their caste. 4. I have considered this submission made by the counsel for the petitioners but find the same without any merit. 5. The petitioners in paragraph-5 have pleaded as under :- "That the respondent No. 1 on 14.11.2001 (Diwali Day) straightaway refused for making of payment of my balance money and started giving abuses in the filthy language pertaining to my sister and daughters. The respondent No. 1 and 2 gave slaps, leg beating on my face, chest and stomach repeatedly. They asked me that you have dispute our house stating you are a chammar, chamaru, dhaid, low caste and dishonest, the respondent also threatened me that chammar if you will come to our house to ask money you have to face dire consequences and we will kill you. They asked me that you have dispute our house stating you are a chammar, chamaru, dhaid, low caste and dishonest, the respondent also threatened me that chammar if you will come to our house to ask money you have to face dire consequences and we will kill you. I (applicant) was escaped from the clutches of the respondents 1 and 2 by Shri Anil son of Shri Om Parkash; caste brahman and Hetlal son of Shri Devi Ram, caste Harijan. Both residents of my village, they have also seen the occurrence. From the above incident, the applicant get shock pain due to my above insult mentally and physically. At the time of incident so many people were gathered there but no one said a single word with the fear of the respondents because they are criminal nature persons. The respondents also extended threat to the applicant stating that if you Chamaru will make complaint against us with the police authorities regarding this incident we will kill you and you will have also to face the dire consequences." 6. Complainant Harbans Lal while appearing as PW-1 has reiterated the same words as in the complaint. The version of Harbans Lal has been fully corroborated by Hazari Lal. As it has been noticed above, the trial court as well as the revisional court have held that an offence under Section 3 of the Act is made out. 7. The Act has been enacted to prevent to the commission of atrocities against the members of schedules castes and scheduled tribes. The legislative in its wisdom has incorporated Section 18 of the Act which debars a person claiming pre-arrest bail. Section 18 of the Act which 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." 8. A Full Bench of Rajasthan High Court in Jai Singh and another v. Union of India and others, 1993 Raj. A Full Bench of Rajasthan High Court in Jai Singh and another v. Union of India and others, 1993 Raj. 177 while considering the scope of Section 18 of the Act, vis-a-vis the provision of Section 438 Criminal Procedure Code held as under :- "Section 18 of the Act 33 of 1989 provides that Section 438 Criminal Procedure Code will not apply to persons committing an offence under that Act. The Act is not hit by Article 21 of the Constitution on ground that Section 18 of the Act excludes the application of Section 438 Criminal Procedure Code The Act 33 of 1989 is a Special Act in relation to Criminal Procedure Code The enactment is a special measure which incorporates the various forms of indignities, humiliations, harassments and exploitation to form the basis of atrocities when committed against the members of the Schedule Castes and Scheduled Tribes. The right of anticipatory bail does not flow from Article 21 of the Constitution either expressly or impliedly. This right has been conferred by the statute enacted by the parliament. The parliament by enacting another law or by amending the Code of Criminal Procedure can take it away also. Article 21 is not intended to be a constitutional limitation upon the powers of the legislation. The parliament has the power to lay down that Section 438 Criminal Procedure Code would not apply to the cases arising out or covered by a special Act. What the Constitution has guaranteed under Article 21 is that no person shall be deprived of his life and liberty except in accordance with the procedure established by law. 9. Similar view has been taken by this Court in Phulla Dass v. State of Punjab, 1997(3) RCR 213. 10. In the instant case, as observed above that there is a prima facie case under Section 3(1)(x) of the Act against the petitioner, therefore, bail application of the petitioner is not maintainable. Hence, this petition stands dismissed. Petition dismissed.