JUDGMENT Gurdev Singh, J.:- Heard. 2. Petitioners, Gurmail Singh and Raghbir Singh, who have been summoned as accused in a private complaint No. 48 dated 22.9.2008 titled as “Jagdish Singh v. Gurmel Singh and another” filed against them by Jagdish Singh-respondent No. 2 under Sections 3 and 4 of the Scheduled Caste and Scheduled Tribes(Prevention of Atrocities)Act, 1985(hereinafter referred to as ‘the Act’) and Sections 323, 324, 506, 452 and 120-B of the Indian Penal Code and Section 156(3) of the Code of Criminal Procedure, have come up with the present petition under Section 438 of the Code of Criminal Procedure read with Section 482 Cr.P.C. for the grant of anticipatory bail. 3. The summoning order was passed against the accused on the basis of the preliminary evidence produced by the complainant and the enquiry report was sought from the police by the Magistrate. The complainant himself did not appear in the preliminary evidence. 4. It has been submitted by learned counsel for the petitioners that no offence is made out under the Act nor any offence is made out under Section 324, 506 and 452 IPC from the evidence so produced before the Magistrate and as such, they are entitled to the benefit of anticipatory bail and Section 18 of the Act does not operate as a bar for the grant of that benefit. 5. The offence under Section 3 of the Act can be committed only by a person who does not belong to any Scheduled caste against the person, who belongs to such a caste. No evidence was produced before the Magistrate for proving that the petitioners did not belong to any such caste, which has been declared as scheduled caste by the Punjab Government by issuing a notification to that effect. Therefore, it cannot be said any offence under the Act is prima facie made out against the petitioners. 6. It is a complaint case. The summoning order appears to have been passed in a routine manner without application of mind. The petitioners have also been summoned under Section 156(3) Cr.P.C., which neither constitutes any offence nor prescribes any punishment for any offence. No offence under Section 324, 506 and 452 IPC is made out from the preliminary evidence produced before the Magistrate. 7. In these circumstances, this petition is accepted. The petitioners have also been summoned under Section 156(3) Cr.P.C., which neither constitutes any offence nor prescribes any punishment for any offence. No offence under Section 324, 506 and 452 IPC is made out from the preliminary evidence produced before the Magistrate. 7. In these circumstances, this petition is accepted. In case of appearance of the petitioners before the trial court/Arresting Officer, they shall be released on bail to the satisfaction of the trial court/Arresting Officer subject to the following conditions:- (i)They shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii)They shall not leave the limits of this country without prior permission of the Court. However, the observations made above shall not be treated as an expression of opinion on the merits of the case. Petition is disposed of accordingly. -------------