Please help me on following query - I am general category person 1. In 2014, I made a complaint against my neighbour belonging to SC category since he was continuously damaging my property. My neighbour within 2 days made a false complaint against my family members under SC ST Act. He also got 2 witnesses to substantiate his lies. 2. Back then I was forced to take my complain back since the complaint under SC ST Act was more grave. Also I was forced to break my boundry wall as a result of the blackmail. Subsequently, my neighbour also wrote in the compromise letter that he made the caste based allegation under anger. 3. Last month, my neighbour again started damaging my property. Therefore I made a complaint to Superintendent of Police. I also requested that he is threatening to level false complaint against me and my family members. He was also made to sign a bond of 5000 Rs to maintain peace in the SDM court. 4. Again this time after I made a complaint against my neighbour, he made a false complaint against me and all my family members under SC ST Act. Therefore an FIR is registered against my family members and myself under SC ST Act. It is under investigation by DSP. My following queries. 1. Whether DSP will consider the past records in which I have made complaints against my neighbour for damaging my property? 2. Whether DSP will consider that my neighbour is using SC ST Act, as a tool to blackmail me and escaping criminal liability? 3. Whether the fact that my neighbour in writing has previously confirmed that he made a false complaint undder SC ST Act out of anger is relevant? This was written as a part of compromise. 4. How should I come outside this vicious clutches of SC ST Atrocity Act? 5. Can my neighbour keep on using this act after every few years to get his work done against me?
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You should have not taken it back and proved in false in court.
Dso may consider anything court will consider the same on merits.
Then you can sue him on that compromise that he is misusing the sc/st law.
You don't compromise and file a writ petition in hc for misuse of the said law
1) past records would be considered
2) fact that earlier false complaint was made is relevant
2) DSP would carry out investigations into complaint made
4) apply for and obtain Anticipatory bail from sessions court
5) contest false case on merits
Yes past records would be considered.
It's depend on complaint and evidence of your neighbour.
Contest the matter on merit engage expert lawyer.
Thank you for the response. 1. Is it that easy for a person to bring 2 people which could be either random people or their own tenants as witness and can a case be registered under SC ST Act that easily?
Yes it's easy after the recent amendment. But the case can be proved false information court or it can be quashed in hc no merits are observed.
In order to harass many false cases are being filed
the police officer is expected to give thought at the time of registration of the crime under section 154 of Cr.P.C. that whether the allegations constitute the offence under the Act. Only because the first informant belongs to scheduled tribe or scheduled caste, the crime cannot be registered for offence punishable under the Act and offence can be registered under the Act only if there are ingredients of the offences punishable under the Act in the accusation,
Dear sir
1. Yes DSP will consider past records as you have given complaint to police in written.
2. Yes DSP or any police officer they all know that in 70% of cases SC ST act is falsely used against other party to escape such liability
3. They have to consider as it is a matter of record as you say you have the compromise in written but you should have these documents with you.
4. In current scenario i should say that you have to be more careful as you talk to your neighbor install CCTV cameras which your neighbour don't know with voice recording in your premises. Also whenever you talk to him or his family member record the conversation and keep it for a while to be safe.
5. Your neighbour will keep on using this as weapon against yours future until you cut dont take any action.
As soon as you come out of this situation clean handed file a complaint against him and his family member in court under section 389 of Indian Penal code with all the documents and photographs available with you for your defence this section is
Putting person in fear of accusation of offence, in order to commit extortion
Extortion can be of any kind as in this case extortion is he make you to do some work you don't want to do
1. If you have given the past records to DSP then only he can consider it. If you get a feeling that DSP is not going to take into account the past records then immediately file a petition for fair investigation in the High Court to direct the DSP to consider the past records and include it in the chargesheet/final report.
2. Apply for anticipatory bail immediately if FIR has been registered.
Dear Sir,
You can try for obtaining Anticipatory Bail for the offences punishable under SC/ST Act, subject F.I.R is lodged. Blanket anticipatory bail will not be granted by the Sessions court without FIR. You should convince the court that you have an apprehension of an arrest from the jurisdictional police by showing that Complaint and FIR has been lodged against you.
Twenty-eight years after the enactment of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, the Supreme Court on Tuesday tweaked the law to protect innocent people from the sweep of its draconian provisions which denied anticipatory bail to an accused and led to automatic arrest.
From now on, arrest of any citizen under the Act will require a written approval from a police officer of the rank of Senior Superintendent of Police (equivalent to Additional Commissioner of Police) who will record reasons why an arrest is necessary. Where a public servant is involved, approval must come from the appointing authority. Even at the stage of registration of a case, it will be open to police to conduct a preliminary enquiry (by DSP rank officer) and not proceed in cases where allegations are found to be frivolous or motivated.
1. If the DSP is not considering any past events and proceeding on the basis of the present complaint by them, you just dont worry, you may await the case to come for trial and can quiz him with lot of questions to which he may not be able to maintain his story full of lies in this case and once he is contradicting it will be an advantageous situation to you.
2. See the above answer, that dont worry even if the DSP is not considering anything happened in the past or their intention to file false case as a revenge against you, all these things can be taken care during trial proceedings.
3. The earlier compromise letter will be favorable situation to you.
4. Plan the strategies accordingly.
5. Who knows, they may still find this as an advantage to them since you are scared about it
Yes, they can easily do it based on their cruel and avenging intentions.