In the event any false case is filed apply for and obtain anticipatory bail from sessions court
What can be done to protect ourselves from False SCST case which relatives are planning as a tool for harassment for property... Can we do anything in order to safeguard ourselves before hand as we understand some family members are in the processing of bribing someone from the schedule Tribe in order to falsely accuse me of misconduct or oppressions against the ST. Kindly advise
No harassment complaint will be entertained without any prima facie proper evidence, in the light of some recent Supreme Court rulings, in such cases. If there is any threat of arrest, anticipatory bail may be taken.
Dear client,
You can gather proof in the form of recordings or screenshots of chats which may prove that they are planning to do this against you, this may help if a case were to be filed against you. Further, you can file a criminal complaint for defamation apart from a suit to claim damages on account of the false accusations.
Thank you.
You do have a remedy against the fir if it is filed. Moreover, you should file a complaint in the local police station against the persons who threatening you that they're going to prosecute you under a false case.
Until there is no action or a complaint in the manner what you apprehend, you may not be able to defend yourself or taking any action before hand anticipating the possible complaint.
You may file a suit for injunction agaisnt those people who are trying to disturb your possession and are trying to interfere in your peaceful enjoyment of the property.
- If there is apprehension that they may harass you after filing a false case /compliant under the SC/ST Act then you can lodge a compliant before the police and higher official after stating that there is chances that they may file false cases , and in that eventuality your compliant should be read as part and parcel for your safety.
- Further, if they are creating trouble for property , then you can file an Injunction suit before the court for restraining them from interfering in your possession in the property.