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Sc st act
???? ?? SC ST ???? ?? ???? ????? ??? ?????? ???? ??? ?? . ???? ?? ???? ???? ?????? ?? ???? ?? ???? ?? ?? ??? 6.50 ??? ??? ??????? ??? ?? ??? ???? ??? ????? ???? 6 ????? ??? ???? ???? ???? 4 ??? 20 ???? ????? ?? ???| ?? ??? ???? ??? ???? ???? ?? ???? ???? ???, ?? ?? ????? ?????? ?? ?? ????????? ?? ??? ?????? ????????? ?? ??? ??? ?? ?? ??? ????? ?? ?? ??? ?? ?? ?? ??? ??? ???? ???? ?? ?? ??? ???? ??? ??, ?? ???? ??? ?? ???? ?? ?? ???? ????? ?? ?? ???? ?? 4.20 ??? ?? ??? ?? ??? ?? ??? ??? ????? ?? ???? ???? ?? ?? ??? SC ST ?? ???? ????? ??? FIR ????? ??? ????? ??????? DSP ?? ??? ??| ?? ??? ???? ???? ??? ??? ????? ?? ??? ????? ???? ????? ???? ??? ??| ???? ???? ??? ????? ??????? ?? ???? ?? ???? ??? ????? ???? ????| ???? ????? ?? ???? ???? ???? ????| ????? ????? ????? ????
Asked 7 years ago in Criminal Law
Religion: Hindu
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i have been booked under a false SC st Case, I have paid 4.2 lakh to buy a house from a Urban living SC community, later they refused to sell the house and gave me a cheque of rs 4.2 lakh and filed a fake case of SC ST and other act on me due to their political reach. Cheque is bounce and i have sent a legal notice. DSP police is doing investigation of SC ST case, we have told every details to him but police is not in the mood of co opration
Asked 7 years ago
1) file summary suit to recover Rs 4.20 lakhs amount under order XXXVII of CPC
2) in addition file cheque bouncing case
3) A person facing charges under the SC/ST (Prevention of Atrocities) Act cannot be granted anticipatory bail until it was proved that no case was made out against him and the allegations were false, the Supreme Court has held.
referred to its earlier verdict in the "Vilas Pandurang Pawar and Anr Vs state of Maharashtra and Ors" in 2012, stating that Section 18 of the Act created "a specific bar to the grant of anticipatory bail to a person against whom any offence is registered under the provisions of the Act and, therefore no court shall entertain an application for anticipatory bail unless it, prima facie, finds that an offence under the Act is not made out."
"We find that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984, provides that nothing in Section 438 (provisions relating to anticipatory bail) of the Criminal Procedure 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," the bench said. -
1. The matter is currently being investigated. If the complaint has been registered and cognizance has been taken then it is time for you to apply for and obtain anticipatory bail. SC/ST Act is one of the most abused and misused laws in India. The prosecution will have to prove the charges against you beyond a reasonable doubt in the court to repel the presumption of innocence.
2. You should fittingly and with full vigour prosecute your cheque bounce case against this man.
If police are proceeding to book you under the prevention of atrocities against SC ST act, then you first obtain AB and then challenge their false case on the basis of merits in your side.
You cannot convince police at the initial stage, they would be under different type of pressure to proceed with the complaint as per law.
