No counter case can be filed right now.
Just cooperate with investigation and defend your case.
I and my family members have been again and again falsely accused and charged of SC act by the same person ... Please guide me how to get out of this. And what all cases I can file against him.
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The schedule Caste and schedule caste (Prevention of Atrocities ) Act, 1989 was created to protect SC’s and ST’s from the cruelty and injustice happening against them and not to give them a right to file false cases. And it is well known fact that one who comes into equity(for justice) must come with clean hand. So, if somebody has filed a false case, it means that he has not come with clean hand to avail justice. Therefore sooner or later the court will find the truth from the facts and circumstances of the case and at last he can never succeed in his case. Legally you can file a counter complaint at the police station about the false case against you by such and such person and also you can file a defamation case under section 500 of the Indian Penal Code, 1860.
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) you can apply for and obtain ABfrom
Sessions court
3) 2) It is a well-established principle that the evidence of the complainant alone shall be sufficient for laying the charge sheet in the Court if it is capable of inspiring the confidence of the court
hello
after the guidelines issued by the SC, the police cannot arrest you and the investigation must be carried out by a DSP level police officer. moreover, you should file a petition in the Patna HC for quashing of the FIR.
regards
Firslty, as per the recent judgement of the Supreme Court it has been cleared that the accused may not be arrested on the face of the complain, but an inquiry should be there prior to the arrest.
Secondly, and also you can ask for the Anticipatory bail also.
Thirdly, but it is today only that the government may turn up the judgment. Y way of an amendment through the parliament.
Fourhtly, then you may be in problem. So, I advice you to file some cases on him irrespective of the fact that whether they will be proved or not, and also as you are filing now some credibiltiy has already been gone of your complain, but you should file if possible.
1. Unless the FIR is perused threadbare no opinion can be formulated. Every case has to be treated on the face of its own merits.
2. If the allegations in FIR do not even constitute a prima facie case then a petition for quashing of FIR may be filed in the High Court.
You can file case against him for misusing the legal machinery and false fir. You can also claim compensation in defamation civil court and file criminal defamation also