Cr.M.P(M) No.849 of 2009 8.10.2009. Present: Mr.Ajay Kumar, counsel for the petitioner. Mr.J.S. Guleria, Asstt.A.G., for the respondent. I.O. present in person. According to the report submitted by the police, the case has also been registered under Section 3(i)(xii) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. The application under Section 438 of the Cr.P.C. does not lie once the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are attracted. The petition is accordingly dismissed. October 8, 2009. (V.K. Ahuja), (TILAK) Judge.