A false atrocity case has been filled on me
Vinayaka
(Querist) 22 February 2018
This query is : Resolved
the complainant's complaint is : one day he had lost his cow next day while he was searching for his cow some how he came to know that his cow had came to my agricultural field and it was eating my crop so i had tied his cow in my home, so far enquiring about his cow he came to my home along with his 4 friends and while he was enquiring about the issue with my father i came out of my home scolding him with bad words related to his religion and i hit his face from my hand. this is his complaint given to police on me and hence police have registered FIR.
now what i want to know is: do he has the right to come to my home asking about his lost cow and does this case come under atrocity act because complainant has himself came in front of my home which is 50 meters away from public road and all 50 meters is our private land and he has not given any complaint related to his cows missing and even after he came to know that i have tied his cow in my home he has not given any complaint on me and he has came to my home on his own wish, the witness he has is his 4 friends who came along with him.
P. Venu
(Expert) 23 February 2018
What is the truth of the matter?
Vinayaka
(Querist) 23 February 2018
it is a complete false case
Kumar Doab
(Expert) 23 February 2018
Deny all false/fabricated/ulterior motive allegations and let your family and others present in the house, neighbors, witnesses stand by you..
If the matter has taken serious turns, approach ASAP a very able senior LOCAL counsel of unshakable repute and integrity specializing in criminal matters and having successful track record
Sudhir Kumar, Advocate
(Expert) 23 February 2018
all facts are against you.
beg for apology. Facts given indicate that you stole the cow and when he came to ask back you and your father abused and hit him.
Sudhir Kumar, Advocate
(Expert) 23 February 2018
is this the same case
http://www.lawyersclubindia.com/experts/Amend-fir-664711.asp
Vinayaka
(Querist) 23 February 2018
it is a false complaint, his cow was not there in my home at all, even if he needed to search for his cow he should have came with police no, do he has the right to come my home on his own wish without informing police ?
Vinayaka
(Querist) 23 February 2018
yes it is the same case, now charge sheet has been filled
Sudhir Kumar, Advocate
(Expert) 23 February 2018
is this same case:-
http://www.lawyersclubindia.com/experts/A-false-atrocity-case-has-been-filled-on-me-673296.asp
Vinayaka
(Querist) 23 February 2018
yes it the same case
Vinayaka
(Querist) 23 February 2018
if some one goes to other guys house and scolds with him in bad words and threatens him and then himself goes to police station first and give a complaint that i had went to his hose in search of my cow and the house owner scolded me the hit me near his house is it not the mockery of Judicial system
Vinayaka
(Querist) 23 February 2018
please help me, complainant is making mockery of judicial system
P. Venu
(Expert) 23 February 2018
What is the charge, as stated in the charge report and, what is the evidence cited in support?
Vinayaka
(Querist) 23 February 2018
charges are made on atrocity acts and complainants 4 friends are eye witnesses....
P. Venu
(Expert) 23 February 2018
You are less than forthcoming with the facts. At least, please don't try to beat around the bush.
Sudhir Kumar, Advocate
(Expert) 24 February 2018
First of all you are not clearly giving facts and should not except a holistic advise.
Atrocity act means the victim was SC/ST.
The truth may hurt you. But I will say.
The facts (given by you) state that you are a cow thief. You stole cow of a Dalit and when he came to recover the cow your father insulted him by cast (what you state as religion because atrocity act comes in place of cast abuse) and you hit him and trying to implicate him a criminal case for having come to your house where stolen cow was there.
He came with some of his friends and it indicates that he was already under fear and did not dare to approach you alone. They are competent witnesses to your deeds and it is irrelevant if they are his friends.
SO this much material is merging against you from your own description. When police/court hears the version of other side then harsher facts may come.
It is not understood as to
(i) what prevented you to return his cow after warning him to keep care of his animal.
(ii) what business your father had to come out and yell out communal abuses
(iii) why should you beat him
All these practices are common in rural side against Dalits that is the reason that such strict laws were needed against people like you.
SO Prima-facie it appears that what he did is highly appreciable. He does not appear to be making mockery of the judicial system.
You probably do not know the provisions of atrocity act. Besides punishing you both the property used for atrocity (which as stated is your residence) can be attached.
You and your father should seek apology even if you have to fall on feet.
Vinayaka
(Querist) 24 February 2018
i'm telling it is a false complaint no. i was hoping for some legal solutions on my case
P. Venu
(Expert) 24 February 2018
It is impossible suggest any solution if you are not willing to be fully honest with the facts in your knowledge.
Sudhir Kumar, Advocate
(Expert) 24 February 2018
Given facts indicate that you have already collected good evidence against you.
Sudhir Kumar, Advocate
(Expert) 24 February 2018
You say it is false case but facts narrated by yourself indicate it as a true case.
Ms.Usha Kapoor
(Expert) 23 June 2018
Agree with Sudhir Kumar and Venu.
Ms.Usha Kapoor
(Expert) 29 June 2018
Agree with Sudhir Kumar and Venu.
