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ZakirAppas A   10 June 2023

Sc/st act questions

Hi Experts,

I am from Tamil Nadu, My neighbor manhandled my parents and we filed the complaint in local police station and he also filed a complaint against us. He is from SC/ST category and we are scared that he might have filed the fake complaint under SC/ST act and we are summoned to appear on local police station tomorrow. Is there any provision that police can arrest us with the complaint or they have make any investigations before arrest. We didn't utter any word about the caste and scared about this. Request your immediate answers on this.


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     10 June 2023

If you have been summoned to police station, you may just visit accompanied by an advocate, and can give a statement in detail about the incidents took place then.

The police may not arrest immediately without registering FIR.

ZakirAppas A   10 June 2023

Thanks!! Will the investigation happen after filing FIR? Or direct arrest?

T. Kalaiselvan, Advocate (Advocate)     10 June 2023

If the police is taking cognizance of the offence they may remand the accused through magistrate, however it is advisable that you may be accompanied by an advocate for the preliminary inquiry 

ZakirAppas A   12 June 2023

Thanks for the information. He has not filed PCR complaint and just filed a normal complaint. As I mentioned earlier we have footage where he manhandled our parents and we are ready to submit for proof. Is there any chance he can go PCR petition/complaint after the initial complaint and will it be valid? 

Sudhir Kumar, Advocate (Advocate)     15 June 2023

He is simply enhancing bargaining power. He can even threaten the police on inaction on SC/ST complaint.  You have to harp upon the evidence you have.

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