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False SC/ST Act
In my previous question I had missed out one point the person on 09th may 2023 filed the same complaint to ncw,nhrc,shrc dm,sp,oc and after that he pleaded guilty on 03rd Aug 2023 on my complaint u/s 323 and 506 ipc and sentenced to pay fine after that on 10th sept 23 he applied for caste certificate and u/s 156(3) filed fir u/s sc st act on 09th jan 2024 currently I am on interim bail and no chargesheet filed till date does any case made out against me to file a chargesheet? and if it does will it affect my interim bail?
Asked 4 months ago in Criminal Law
Religion: Hindu
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8 Answers
This was my previous question A person has assaulted me a public servant while on duty but the police did not lodged fir but after filing rti applications they filed non cognizable sections and filed a prosecution report under section 323 and 506 ipc in which accused pleaded guilty now after 4months accused filed sc st act fir on the same incident and date please give legal solutions
Asked 4 months ago
You should file through court complaint u/s 332 IPC
no case is made out
file petition in HC for quashing of complaint
it is basically a bogus case filed against you as you had filed case against him for assaulting public servant on duty . he has pleaded guilty and paid fine . this case has been filed to harass you
If the FIR is registered the police either has to proceed with filing charge sheet on the basis of the complaint made in the FIR or to close the complainant stating no case made out.
No doubt this appears to be a clearly manipulated and false case based on the records created, hence even if the matter is converted to a criminal case before court, you can challenge the same and get it dismissed.
It is a false case in counter hence the same is not maintainable hence you can get it dismissed on the basis of documentary evidences supporting your case and also on merits.
- 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 file a complaint under the defamation act against him as well.
Dear Client,
In your particular case where you were assaulted by a public servant and he has filed a case against you under the SC/ST Act, it is imperative to evaluate this counterclaim. This is because the public servant has already admitted guilt to charges under sections 323 and 506 of the Indian Penal Code (IPC) so any subsequent accusations against you may lack merit. However, if a chargesheet has been filed against you, your interim bail may be in jeopardy but you can challenge the charges in court. If you feel that the case registered under SC/ST Act is frivolous, you should move the High Court to discharge the FIR and get a lawyer to represent you. However, all documentation related to the incident as well as its subsequent legal process should be preserved best as the evidence will be of invaluable value in defending the case.
Hope you find this answer suitable for resolving you query.
