Serious Situation
Querist :
Anonymous
(Querist) 26 November 2010
This query is : Resolved
Respected Advocates,
An errant Schedule Caste man is threatening/blackmailing to file a criminal case under sc/st act to a person. Actually the sc man has encroached the land of his neighbor and threatening that if u will file civil suit then I will file several criminal case under sc/st act, also he sends his wife to quarrel with the person. Out of fear the person even has stopped going/visiting to his own land. In this situation what the affected person should do?
Is there any provision for anticipatory action exists?
Plz. Advice.
Thanks and Regds,
Querist :
Anonymous
(Querist) 26 November 2010
Plz. also,
Advice that a suit for damage or compensation against Schedule caste person lie/maintainable or not?
Thanks and regds.
adv. rajeev ( rajoo )
(Expert) 26 November 2010
It is very tough situation, if he files any cases he will have to face criminal under SC/ST act. If SC/ST person files a complaint without making any inquiry police will arrest him he may not get the bail immediately. So avoid all these problems take the help of the elders of the locality and advise him and some times he has to take the help of the political leaders.
Adv Archana Deshmukh
(Expert) 26 November 2010
I do agree with adv. rajeev, also application to SP can be given mentioning the threats given by the sc/st person about implicating in false cases.
Khaleel Ahmed Mohammed
(Expert) 26 November 2010
Need not worry about such threattenings. If any body files cases against any one should prove the allegations in the court of law, prima facie evidence also require to arrest the accused.If he threattens to file false case before sc st tribunal, you can also file complaint before crimnal court under different IPC sections.
Here the question is the ownership rights over the land.You are advised to file declaratory suit againt the sc person.Definately if you are the real owner of that part of land you will win the case.
Guest
(Expert) 26 November 2010
I agree with Mr Khaleel
Arvind Singh Chauhan
(Expert) 26 November 2010
Mr. Khaleel Sir's advice is best, if after civil suit he files any complaint, that person may defend it on this ground also. That Person can also sent his grievances to different higher administrative officials or police authorities, and may also file a complaint for extortion in criminal court.
Querist :
Anonymous
(Querist) 26 November 2010
Sir, thanks for the suggestions, the sc man is a relative (and have some connection with extremist grp) of a Naxal Commander who is MP of this constituency now, Police and administration is fully managed by them and approaching them is more harmful, as once I approached police but instead of listening me they threatened me.
I have every papers of the land right from registered sale deed to mutations to municipal receipt.
Now can I seek protection from any court?
Thanks and regds.
M.Sheik Mohammed Ali
(Expert) 26 November 2010
i agree khaleel sir,
you dont worry, if you can taking video what he told, then file a civil suit and submit video evidence for using against threating sc person, prove it.
Parthasarathi Loganathan
(Expert) 26 November 2010
But how to safeguard innocent people to face such a situation as it is a phenomena in every day's life.
Querist :
Anonymous
(Querist) 26 November 2010
Sir,
Thanks for the valuable reply. The problem is corrupt Police, who will not help their prey and bread and butter. The real situation is that if he files case then I will have to go underground and below HC I will not get bail. Anyway i will try to file civil case and go by the advice.
Thanks and regards.
