About atrocity act
Querist :
Anonymous
(Querist) 01 December 2011
This query is : Resolved
wishing all of you a good time
Presently. I am serving as a class-2 officer, Geology & Mining Department, Govt Of Gujarat. Presently I am facing a threat of atrocity act.Recently, one of our employee of our dept is raedy to charge atrocity act against my boss.But that particular employee made a failed attempt bcoz DySP, Atrocity cell refused to accept the complaint as it seems to be lodged with bad intention by doing misuse of atrocity act. My role in this case is of witness for supporting my boss. The true fact is that my boss is innocent & so I supported him by giving a statement in written form duly signed by me. In this statement i wrote that no such incident took place in office & my boss has not uttered a harsh/bad words against that particular employee.
Now my querry is that in near future or in a future will i face any of the judiciary threats? if so then in which way? Then what is remedy for it in a legal way? Once again,i want to convey that i am just a witness & that employee is just misusing the powers of atrocity act furnished by indian judiciary system. Please give an appropriate guidance as I am feeling tense due to misuse of such powers by that employee
With a bright hope. kindly waiting for opinions from experts of lawyersclub of India. JAY HIND
V R SHROFF
(Expert) 01 December 2011
In your case, most probable allegation shall be, a verbal insult, speaking few words that attract atrocity act.
You may be charged with harassing him in office, or any instructions that u give him.
To successfully penalize you, Prosecution need Witnesses, Time & Place when you spoke those words, or acted.
To safeguard yourself, You may do the following:
1] Issue him a Notice that with malafide intention, you are trying to file false case of Atrocity, as I was a Witness in "xyz" case lodge by you. I had not uttered any word, or harass you in any way, not doing, nor will do it, and do not file such false cases, for your illegal demands .
2] To Protect you further, always keep with you, a Voice Recording Device, [ipod] in a pocket, so every word, or any talk with him, shall be recorded, that help you prove innocent.
3]Write to your seniors, that this particular person had threatened you to file such case against you, as you supported your boss , witnessed, that went against this person, It will remain on record, that defend you.
4]You can also lodge a Police complain that Mr. Atrocity threatening you, insulting you, and may file false Atrocity complaint, Get it's Ack, u should be prepared in case he file complaint.
5] in case he file complaint, immediately Go for ABA AS Adv. RAJEEV SUGGESTED.
