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sujan (student)     30 October 2010

false atrocity case filed against me

sir a false atrocity case has been registered against me by a person who has encroached my agircultural land.the reason behind it is she has encroached my proeprt and i ve already filed a suit for possesion in the civil court..on 1st october of this month i got an interim injunction from the court refraining the defendant from interefering into the suit schedule property inspite of this she vioalted the court orders and is still in the possession .taking note on this on 20th of 0ct i filed a police complaint on him saying she is vioalting the court orders the police said that they will summon him and talk to her but after she getting to know that i have given a complaint on her on 20th of october...she filed an atrocity case on me on 21 st october  that i had come to land @ 7 am on 21 oct and i verbally abused them about their caste and threatened to kill her..my father had asked a photographer to take the snaps of the land in order to produce before the court similarly the photographer and his son went to the land @ 7:35 am on 21 st october and took the snaps but @ that time there was no body in the lands..and i was not present in the lands on 21st and i atteneded the college @ 8:30 as well ,but he has given a false complaint saying i had come @ 7...and a few people have signed as witnesses which is again false....


the sections under which i am framed are

506 and sc st act3 (1) (x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;

how do i prove my innocence ?


can i get this case quashed in the high court of karnataka?



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 4 Replies

Biswajit Manna (Advocate)     31 October 2010

first- is the complainant a member of scheduled caste? whether you are a member of scheduled caste?

if the case is at investigation stage then ask the I.O to collect a certificate from the college and if the I.O denies to do so you get a certificate from the college by submitting an application under the right to information act. if the police does not tag the certificate with the case diary then you go for quashing, but it would be better if u go for quashing after submission of charge sheet.

The biggest problem in your case is that there is no provision for anticipatory bail under the SCST Act except in special circumstances.

sujan (student)     31 October 2010

i belong to GM category while she belongs to SC

sujan (student)     31 October 2010

on what grounds can i get the case quashed?i feel that there is no prima facie

Biswajit Manna (Advocate)     01 November 2010

GM means what? General 

chances of getting the complaint quashed at investigation stage is little. however, if you want to take the gamble get the college register seized. then your plea of alibi will be strong and then you go for anticipatory bail or quashing it will be a good case for you. once you are out by showing the falsity about the story in the complaint then go for other persons shown accused in the complaint.

i don't know what is meant by GM, but if u are a member of SC or ST then no case under the Act is applicable to you. it is only meant for persons not belonging to SC or ST.


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