• False scst case

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
Asked 4 years ago in Criminal Law
Religion: Christian

7 answers received in 1 day.

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7 Answers

In the event any false case is filed apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99887 Answers
8152 Consultations

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. 

Swaminathan Neelakantan
Advocate, Coimbatore
3074 Answers
20 Consultations

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. 

Anik Miu
Advocate, Bangalore
11024 Answers
125 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you have valid proof file for anticipatory bail in the said offence through writ petition

Prashant Nayak
Advocate, Mumbai
34598 Answers
249 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

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