Upgrad LLM

domestic servant filed fir using sc/st act


When we relieved our domestic servant from his work after 7 months, he along with his family and with the support of local politicians & police has filed a case under sections child labor & SC/ST act.

When we contacted the advocate we were told that this is a non bailable offence and have to move to high court.

Due to elections we could not do that for a week now.

Although we at our end have sufficient evidence to prove that these charges are false, but we do not want to contact the police investigation officer as our previous evidence has already been compromised and manipulated.


The high court appeal can take time and we are afraid that it might be too late.

We have a 3 year old child. The case has been filed against my wife and brother.

I need guidance on what should be our next steps. Should we wait for High Court decision or should be move to lower court as well and contact the police with our evidence

 
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Advocate

First get AB and then proceed with the contest of the case, consult your lawyer and take his advise for further proceedings.

 
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Dy Director

agreed with Mr Kaialaiselval

 

please write full facts

 

you mentioning of high court decision without stating whether (what case is filed there.

 
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As per our advocate the charge registered is a non bailable offence under SC/ST act and hence has forwarded case to HC which is due for hearing this weekend. The advocate has advised that only after the hearing the court will decide whether to grant bail or not. The FIR filed is based only on statements with no supporting evidence. We however have some evidence supporting our claim that we used to take good care of the servant. Some routine pictures and videos which can prove that he was not discrimnated. Also his medication and doctor bills stating that whenever he was sick he was regularly taken to good doctors. Police has registered FIR under sections Attempt to murder, child labor & SC/ST act. Servants father has given a statement that we ill treated him, did not pay his salary, beat him and used call him with objectionable names under SC/ST act. When we initially confronted him that this is false and when he sent his son he only told us that he was 20 years old and we used to regularly send salary to his home and whenever he was not well convey the message to him, he told us to talk to some influencial person in his village. When we made a contact with that person he demanded some unjust amount to withdraw the complaint. When refused he threatened to file an FIR. We had thought that if he files an FIR we will contest the case as he was doing this to get some money. However we were not aware that something like an SC/ST act existed and that they will use this against us with the help of some locals. We find ourself helpless now as we did not give into the blackmail of these people. What are the chances that bail will be grated in HC and how should our advocate present our case to get bail.

 
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We have been victims of some dirty politics, with everyone at all levels involved trying to get whatever they can. Cant disclose everything on the thread. Just because we refused to give into these demands this group of people have framed us. We want us to be given a fair chance to present our case which we have not been able to till now. Should we be present in person at the High Court on Firday when the advocate presents our case to get the bail?

 
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We have been victims of some dirty politics, with everyone at all levels involved trying to get whatever they can. Cant disclose everything on the thread. Just because we refused to give into these demands this group of people have framed us. We want us to be given a fair chance to present our case which we have not been able to till now. Should we be present in person at the High Court on Firday when the advocate presents our case to get the bail?

 
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Dy Director

you are already advised.  Act fast now.

 
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Dy Director

you are already advised.  Act fast now.

 
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