Even though there is no anticipatory bail under SC ST [prevention of atrocities] Act, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply and in exceptional cases, court can exercise power under section 482 Cr.PC for quashing the cases.

2020 APEX COURT [35 ]- Even though there is no anticipatory bail under SC ST [prevention of atrocities] Act, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply and  in exceptional cases, court can exercise power under section 482 Cr.PC for quashing the cases. – Anticipatory bail & Quashing of proceedings under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018 -Concerning the applicability of provisions of section 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply. We have clarified this aspect while deciding the review petitions.  The court can, in exceptional cases, exercise power under section 482 Cr.PC for quashing the cases to prevent misuse of provisions on settled parameters, as already observed while deciding the review petitions. The legal position is clear, and no argument to the contrary has been raised.