False case on my dad for atrocities act
sripurna
(Querist) 21 April 2016
This query is : Resolved
Hi Sir / Mam,
Can you please help us out on the below issue:
My dad is going to retire after 9 days.He is incharge of SAIL rmd hospital. My dad was witness for a case against a junior docter in the same hospital who stole 2 ACs from the hospital and now the criminal docter is out on anticipatory bail and wants my dad to take case back . He has asked a dalit retired sweeper of the same hospital to lodge a false case against my dad that my dad has told bad words to the dalit when the dalit came to our house to ask for 50000 rs..which the dalit had given to my dad fr his son's job. But actually neither the dalit had given any money nor my dad has taken any bribe.
Please let us know what needs to be done.. how to get anticipatory bail or why police is not verifying the fact that it if the dalit is saying truth or not.
We are not that rich to to give them 50000 rupees. Please let me know what needs to be done.
Regrds,
Sripurna Dutta
Devajyoti Barman
(Expert) 21 April 2016
Without seeing the contents of FIR it is difficult to advise on the merit of bail application.
It appears the case has been filed under SC & ST Atrocities (Prevention) Act wherein there is no provision for anticipatory bail and hence your father will have to apply for stay on arrest.
Only on sharing of FIR I can guide further.
sripurna
(Querist) 22 April 2016
No fir has been launched. The sweeper just complained to dsp.he called dad and asked to fix a lawyer and get anticipatory bail :(
sripurna
(Querist) 22 April 2016
Thanks a lot sir fr replying.i will also check with dad if he has any fir copy
V R SHROFF
(Expert) 22 April 2016
no provision for anticipatory bail .
FACE AND DEFEND.GET STAY ON ARREST
Sudhir Kumar, Advocate
(Expert) 22 April 2016
The DSP well aware of the case has already advised him to engage lawyer and get bail.
Is he waiting to be arrested.
sripurna
(Querist) 22 April 2016
Thanks all fr ur replies. Dad doesnt want to stay in that place..as if case continues..hewill have to stay and the other docter may muder my dad as he is giving open threat.
Is out of court mutual settlement possible for this case?
P. Venu
(Expert) 22 April 2016
The DSP (Deputy Superintendent of Police) has no business to advise your father to get anticipatory bail when such bail is not possible. He is trying to misguide.
Perhaps, the best option would be meet the SP of the District and apprise him of the entire matter. I feel an honest investigation could take care of the situation esp., because no FIR has been lodged..
Your father can as well bring the matters to the notice of the Magistrate who had granted bail.
Rajendra K Goyal
(Expert) 22 April 2016
In the given situation your father should be strong against such blackmailing, your father should set an example as he set earlier against that doctor.
however, if he is not in a mood to fight, he can bow and proceed as per guidance of your lawyer on such line of action.
sripurna
(Querist) 22 April 2016
Thanks rajendra sir.you are absolutely correct..we need to be strong as dat doc wants my father to take the case against that doc back...he is shouting in hospital corridor " das din hai..mera case wapas le... Nhi to tujhe jail bhej dunga ya fir tera murder ker dunga" i really dont knw aise logon ko police kyun nhi pakadti...jab ki my dad has worked fr 30 years...without any criminal record...use bina koi investigation ke kaise ye arrop laga rahe hai...
Sorry everyone for long post. But as a youth of this country..i feel created... Kal koi bhi aake bolega ki mujhe aisa bola...then we need to give money? Is there any law to counter atrocities act
sripurna
(Querist) 22 April 2016
And the docter is on anticipatory bail and he has also helped in some murder case before..
A. A. JOSE
(Expert) 22 April 2016
There have been several instances when the Attrocities Prevent Act have been misused by foisting false cases against straight forward/honest Officers. I am aware of one such case in a Public Unitility where ultimately the Officer concerned was successful in getting the FIR quashed by the High Court under section 482 of the Cr.PC., Of course, he could convince the Supdt., of Police concerned about the false allegation. Taking advantage of the stringent provisions of the Act, many a times, lower cadre employees use (misuse ?) this weapon to frighten their superiors.
In the instant case, your Dad should be bold enough to fight the false accusations in consultation with a local lawyer.
