Atrocity charges

U should have again reported the matter to the police as gthey had been earlier warned u/s149 crpc.

U can lodge a complaint under sc & st atrocities act,but U should have valid witnesses and evidences.

Sir,

You should not leave them like that.  First file a written complaint in area police station and get receipt of it.  Naturally, the police being to take sides to the rich and upper caste, may not entertain your complaint and will not register FIR.  Don't despair.  Engage a good advocate and file a private criminal complaint U/S.200 Cr.P.C. along with an application u/s. 156(3) of the Cr.P.C. and the court after taking oral evidence from you and your family members and the tenant will direct the police to register FIR against them or take up the case itself.  If the contents of complaint clearly display that atrocities were perpetrated for the reason being that Scheduled Tribe then that Act will be applicable and your advocate will see to it after hearing you to file a complaint before that "Special Court" constituted for trying the offences under that Act.  Do not worry about Section 149 cr.p.c. case.  If they file, let them file.  In that case, if the DM finds some genuineness in the allegations, only a bond is filled to maintain peace.  What you require is to get a good advocate.  And teach those people a good lesson for physically assaulting a woman and more particularly a woman belonging to S.T.

Dear Sirs,

As far as witnesses & evidence are concrned me, my family & my tenants will only dare to speak against them no other persona from our area as I mentioned earlier that they are dominating People & belonging to upper caste.

But I have a video in my cellphone which I captured while the neighbouring two ladies were fighting & telling bad words to my tenants wife who belongs to ST caste & also there is a CCTV camera intalled in our neighbour's house & I think the footage was captured while the person was assulting our tenant's wife. I talk to my neighbour to give me CCTV footage but he denied & told me that he will only give the footage when police ask him to do so.

Now kindly advice me how stron my case is ?

 

Your case is strong.

Gather all the audio and video evidences and keep them safe for future.

Dear All,

Thanks all of you for your valuable advice & time spent on my problem. Now I'm planning to lodge a written complaint in police station but I want to take some biggies with me like journalist or political leader or corporators because If I will go alone no policeman will listen to me. This is their well known common attitude.

Thanks.

Be carefull with journalists and politicians,make sure that they stand with U till the end.

Ohhh u r right sir they may change party. One doubt in my mind is that atrocity charges are COGNIZABLE or INCOGNIZABLE. I mean to say that persons will be arrested after lodgin FIR ?

And what is the punishment for atrocity charges under IPC.

Thanks in advance.

The procedure for an sc & st atrocities case is as follows:

After the complaint is received by the concerned SHO,he has to make a preliminary enquiry about the incident and then forward the same to his immediate Officer,not less than the rank of ASSt.Comm.The ASSt.Comm will ask both the parties to come and depose before him.If the aggreived party insists on criminal actiion aagainst the accused then the complaint will be registered and the accused arrested.  

Sir,

Is caste certificate required for lodging a FIR ?

 

Yes,by all means.

Sir,

Do we need to produce caste certificate also along with FIR & other documents. ?

Yes Girish else keep it handy & give them when they ask for it.

Dear Sir, Yesterday I filled a NC agaist our neighbour his monther and sister in our local police station for abusing and threatening me and my tenant. I have a copy of NC with me. Now what action police will take. Will they call both parties in police station or will they arrest them? Kindly Advise.