A pOOR BOY OF SCHEDULED CASTE IMPLICATED IN FALSE CRIMINAL C
dipankar
(Querist) 12 June 2010
This query is : Resolved
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.
Arvind Singh Chauhan
(Expert) 12 June 2010
If really he is innocent, You may file FIR before police or complaint in court. He or His wife should approach to State SC ST Commission.
Raj Kumar Makkad
(Expert) 12 June 2010
In the given facts, Bind has every right to file a criminal case against SD Singh and all his goons and can also clamp SC & ST Act provisions.
