Legal remidies for false atr firs on false caste certificate
Amit Joshi
(Querist) 03 October 2020
This query is : Resolved
Hello, myself Amit Joshi. Civil court has passed interim order in my favour in October 2018 against some illegal transactions in my owned property. Mr. A is restricted from entering my property. From then, he is continuously harrassing me by any means. He wants me to sell my property to him and that's why he is harrassing me. In Feb, he lodged false FIR against me of caste abuse in atrocities act. I get anticipatory bail in that case. 2 days later, he again filed false FIR against me of caste abuse in ST/SC Atrocities act. Again I got anticipatory bail in that case also. Then, I filed petition in high court for quashing 2nd FIR. And my 2nd fir is quashed by bombay high court. Then he filled "Bail cancel case" in court against me in respect of 1st FIR but due to covid-19 from last 7 months that case has not come on board yet. So now, in sept. 2020, he again filed false atrocities FIR against me. And again I need apply to court for anticipatory bail. When I go to police station and other govt. Offices to complaint against him, he uses that complaint form to file FIR against me. On the date When I complaint against him, he shows that on that date he was there and I give him caste abuse which is totally false and fabricated. Meanwhile, I filed some RTIs about his caste certificate, and got his School Leaving certificate, Copy of his service book, and the letter from his employer which shows that he is of "General caste" means his caste certificate is false. He also doesn't have caste validity certificate. I decided to file complaint of him to caste scrutiny committee. But When I go to that office, they said that most of the officers of that office has currently been given the work of covid-19. So, it is sure that cancellation of his false caste certificate will take time.
I want to ask, Can there be any legal remedy available to me by which I can stop him to file false FIR again until such caste scrutiny committee decide legality of the caste certificate ?
Legal remedy means through court.
Dr J C Vashista
(Expert) 03 October 2020
Obtain certified copies of FIR / applications with affidavit, if any and move in a criminal complaint u/s 200 Cr PC read with Section 499 IPC for filing false case(s) against you.
Dr J C Vashista
(Expert) 03 October 2020
You are already in multiple litigation and must have engaged an able, competent and intelligent lawyer who is well aware about facts / documents and circumstances, what is his /her opinion and advise ?
Follow as advised by your lawyer.
Advocate Bhartesh goyal
(Expert) 03 October 2020
File complaint against him u/s 420,467,468 and 471 of for Preparing fabricating and using false,fabricated and forged documents I.e cast certificate,school leaving certificate and service book etc.
Amit Joshi
(Querist) 03 October 2020
First of all thanks to Respected Bhartesh Goyal sir and Vashista sir.
As per Vashista sir and Goyal sir opinion of filing of cases u/s 200,499 and u/s 420,476 etcs.. But, my first FIR case still pending in court and again he has filed another FIR against me. So, as these cases are already pending in court, Can I file section 200, section 420, sec. 499 cases in court against him or I need to wait still these cases disposed of ??
As far as my local advocate opinion on these is that according to him we will file civil suit against him and stop him from using false caste certificate. But, as per their opinion, they want to file such civil suit in local court but in my opinion as per sec. 11(2) of "caste certificate act 2000" in Maharashtra court will take cognizance of false certificate case only when complaint is made by caste scrutiny committee. But, my advocate says that we will not file case for cancellation of false caste certificate bit we will ask local court to only stop usage of such false caste certificate. Even my advocate says that this kind of suit will be the first of this kind in our city. So, Is local court is competent to give such order considaring that section 11(2) ?
Also, section 15 says that no civil court has jurisdiction to entertain any matter which is contrary to the provisions of this act.
Full name of the Act:
Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000
Rajendra K Goyal
(Expert) 03 October 2020
Repeated query:
https://www.lawyersclubindia.com/experts/legal-remidies-for-false-atrocities-firs-on-falscertificate--722881.asp
Dr J C Vashista
(Expert) 04 October 2020
Repetition of same story is absurd.
