Civil Procedure Code (CPC)

Sc/st false case filed against me & my family members


SC/ST False case filed against me & my family members. 

Person from SC has filed against us, saying that we used abused language & we hit him. I am not sure, how do we get out of this. All of this happened, when I was setting up fencing for my field, this person came & shouted & he had pushed us forcibly. And we have recorded all of this & took photos. But this person, broke our cameras(phones), but luckily none of the data has been damaged.

We did inform the same to police department. But , we are not sure, how long this case would be on us & we are also little bit worried, because we are having sleepless nights, because of this issue & some persons are scaring us , that SC ST act is very strong & we will be behind bars. 

So, I would like to have your valuable advice. It has been almost one month since the case was registered against us. Appreciate your quick response on this regard.

-Kausik

 
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Management Consultant & Social Reformer

No law is strong or weak. Each law has specific purpose for enactment. So many factors are required to understand. Who was that SC person who had conflict with you. what is his relationship with you and family. What was cause of conflict. what was motive behind calling him names or misbehaving with him. What exactly was said or done by you. what was motive behind it. Does all this sum up to hatred and atrocity based on his background as being a member of sc caste? unless all this is proved and there is strong evidence with him he has no chance, of course these are protective and preventive laws to maintain order in society and eliminate discriminations and cruelty based on caste, gender or religion. So these are bound to be tough mainly in giving bails and taking complaint as right on first instance. If you are satisfied that above conditions are not met. just relax and go to sleep all of you. Let your lawyer handle.
 
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Management Consultant & Social Reformer

If some people are scaring you, file FIR against them to SP of your area directly by registered post or online.
 
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Advocate

If they have lodged a criminal complaint against you all, then you may also file a complaint against them for assaulting you and damaging your properties as well for criminal trespass into your property. 

At the same time you may obtain anticipatory bail to prevent arrest.

 
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if five members names are written in fir then all members are must present or not at the time of anticipatory file
 
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if five members names are written in fir then all members are must present or not at the time of anticipatory file
 
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