• Misuse of SCST law

On dated 01/11/16 my brother's wife complaints case no 104/16 (307,354,323,379,448,341,504,506/34) at ps after that one of its aquised file false case on same date no 105/16(341,323,324,504/34) and after three days one of aquised of 104/16 again complain a false case on court 869/16 (341,323,379,354,307/34 and 3/4 sc st act).we requested sdpo,sp and dig to give me justice against these two false cases and we also provided Xerox copy to him to shoe our innocent. But on 11/03/17 ps launched fir on behalf of above-mentioned case(341,323,379,354,307/34 and3/4 sc st act. Police is fairing us to arrest us.plz sujeet me what to do now..? While I have given letters to dgp, cm, mp and mla and state human rights commission also.
Asked 7 years ago in Criminal Law
Religion: Hindu

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3 Answers

in case any complaint is filed by SC/ST assistant commissioner of police is to carry out investigations consider all evidence on record and submit report within period of 30 days

2)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. -

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Since the case is registered against you the CM,PM can donothing.

In SC & ST Act case there is no provision for anticipatory bail.

However you can file quashing case and seek stay on your arrest.

For other cases you can file petition for anticipatory bail.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Giving letters to SP or any tip police officer will not protect you from being booked under such false cases.

The police will act on the basis of complaints before them.

You may have to take AB and challenge their false cases before trial court only.

You will get justice only in court and not with the police

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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