Hi Law gurus,
My father and my uncle stuck in one harijan false case, as our landlord applied this tactics to vacation his land, that we are staying from past 70 yrs. As we already agreed to vacate but still he did. Now police arrested my uncle, we applied for bail, lots of legal process. Local lawyer is telling there is no option to take bail without imprisonment, just wanted to check crpc 482 will help here? Landlord have very good connection with police. Is anything we can do?
As per your query it is understood that you need information about the false case under SC/ST Act and how to get bail.
As in your case the police has already arrested your uncle so you cannot apply for anticipatory bail and even after arrest the police officials are entitled to have proper investigation on such matters and also to consider all the evidences. You may make an appeal for bail but it is the discretion of the court whether to grant the bail or not and as the case under SC/ST Act is non bailable it would be quite difficult to get the bail in such matters.
You can file an appeal in the High Court under section 482 of CrPC for quashing of the FIR.
If the court thinks fit that the allegations made are false then the court can quash the FIR.
After this you can file a case against the landlord for making false allegation and for defamation.
Hope it helps!
Regards,
Anusha Singh
