Dear Client,

You can file a petition under Section 482 of the Criminal Procedure Code (CrPC) in the High Court to quash the FIR filed under the SC/ST Act. The key argument would be that the FIR is an afterthought and has been filed with malafide intentions, as the accused had already pleaded guilty in a prior case for the same incident. You can argue that the accused is attempting to misuse the provisions of the SC/ST Act to harass you, a public servant, and to seek vengeance after pleading guilty to the earlier charges. Gather all relevant evidence, including the prosecution report, the accused’s guilty plea, and any communications or RTI replies related to the initial incident. This evidence can support your claim that the SC/ST FIR is frivolous and meant to obstruct justice. Engage a lawyer who specializes in criminal law and has experience dealing with SC/ST Act cases. They can effectively argue for the quashing of the FIR and protect your rights as a public servant.

The accused has filed a counter case against you either to retaliate you by taking vengeance on you as you have lodged a criminal case agaisnt him or he is trying to protect his interests under the umbrella of SC ST prevention act. 

If he has pleaded guilty then the court will convict him hence what is the status of the complaint filed by you?

Since he has filed a false complaint against you,better obtain Anticipatory bail and challenge his case properly in the trial proceedings

If he has faked the caste then it would be a strong ground for quashing the case,  but if he really belongs to that caste then the obtaining of caste certificate now will not make any difference. 

You can rely upon the caste certificate which was procured by him after the occurrence of the alleged incident and go ahead with the proposed quash petition,  though you may have to possess other evidences to support your pleadings and protect your interests. 

File petition in HC for quashing of FIR 

it has been filed as counter to case filed by you 

It should help you in quashing of case 

Once he has pleaded guilty he cannot take plea that it was false case filed against him 

file petition in HC for quashing of FIR 

You can wait for police to complete investigations and file closure report or charge sheet 

if there is no evidence against you police would file closure report

you are at liberty to file complaint of defamation 

From the aforesaid case it is evident that this a false case and hence going for quashing is a good option.

Considering the facts involved the case for quashing has a good merit for success. 

1. No such petition will be maintainable in law.

If at all there's any flaw found in the investigation you can file a petition for further investigation.

2. No.

The defamation case can be filed if the case filed against you is dismissed as false case.

Offence U/S 3(2)(V) Of SC-ST Act Not Attracted If There Is No Allegation That Accused Committed IPC Offence Knowing That Victim Belongs To SC-ST Community: SC
The Supreme Court observed that for the offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 i.e., SC/ST Act, there must be allegation that the accused had committed offence under the Indian Penal Code (IPC) against a member of SC/ST knowing that such person belongs to such community. The Court was deciding an appeal preferred by the accused challenging the Allahabad High Court judgment that had upheld rejection of the application for discharge filed by the accused. The two-Judge Bench of Justice P.S. Narasimha and Justice Sandeep Mehta observed, “From a bare perusal of the provision, it is crystal clear that for the above offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’.”

There as definite chances of getting acquitted as the allegation made, and the case filed under SC ST act was done with ulterior motive. Plz  meet any legal practitioner in your area to proceed ahead with your case. Best wishes

1 Can I file 156(3) praying monitoring of the investigation and/or writ petition for fair investigation before high court ? YES


2) AT this stage can defamation case can be filed against him or not? no firstly let the case filed against you dismissed then you file for defamation. otherwise in your counter claims, you can plead for compensation for defamation.

He has already pleaded guilty. No case made out against you. Approach HC for quashing. 

Dear Client,

1. You can file an application under Section 156(3) of the CrPC, requesting the magistrate to monitor the investigation if you believe the police are not conducting a fair investigation. Alternatively, you can file a writ petition in the High Court under Article 226 of the Constitution of India, seeking directions for a fair investigation.
2. You can file a defamation case against the accused under Section 499 and Section 500 of the Indian Penal Code (IPC) if you believe that the retaliatory FIR and the statements made therein have damaged your reputation. Since the accused has already pleaded guilty in the previous case, and if the SC certificate was not obtained at the time of the incident, you may argue that the FIR was filed with malicious intent to defame and harass you. The fact that the accused did not possess an SC certificate at the time of the incident can strengthen your case in quashing the FIR under the SC/ST Act. When filing a petition under Section 482 CrPC to quash the FIR, you should highlight the timing of the SC certificate, the guilty plea, and the lack of acquaintance between you and the accused to demonstrate the mala fide intent behind the retaliatory FIR.

- As per the Kerala High Court , it is necessary to look into the facts to see whether any chances of false implications are there or not, and where the complainant and accused were previously on bitter terms or had a litigation history, the same can be a valid reason to prima facie doubt the case of the complainant. 

- Since, there was an FIR against him u/s.323/506 IPC , and further he plead guilty  in that case, it means that he had admitted his offence , and it can be a reasonable ground for cancelling the FIR lodged by him under the sc st act.

- You can be discharge in the offence at the time of framing of charge in this case if the charge sheet is already filed in the Court. 

- Further, you can also approach the High Court for the quash of the FIR , specially on the ground of absence of sc certificate before the Court with the compliant. 

- Since, the his case is pending before the Court then a defamation case will not maintainable , however you can approach the High Court for the misuse of the sc st Act. 

- As per the Kerala High Court , it is necessary to look into the facts to see whether any chances of false implications are there or not, and where the complainant and accused were previously on bitter terms or had a litigation history, the same can be a valid reason to prima facie doubt the case of the complainant. 

- Since, there was an FIR against him u/s.323/506 IPC , and further he plead guilty  in that case, it means that he had admitted his offence , and it can be a reasonable ground for cancelling the FIR lodged by him under the sc st act.

- You can be discharge in the offence at the time of framing of charge in this case if the charge sheet is already filed in the Court. 

- Further, you can also approach the High Court for the quash of the FIR , specially on the ground of absence of sc certificate before the Court with the compliant. 

- Since, the his case is pending before the Court then a defamation case will not maintainable , however you can approach the High Court for the misuse of the sc st Act.