Sc/st act. complaint lodged in vengence.
AAVADHOOT. D
(Querist) 06 December 2013
This query is : Resolved
Sir,
immediate Neighbors.1)One small Brahmin family Hus. Wife,(Accused 1 & 2)and son of 10 years. 2) A family in which Wife(SC) married to a Brahmin.Son and daughter.Wife is Complainant.
The second party constructed illegally certain part encroaching the setback (No setback left) and converted a room into a temple with 5ft idol etc. without permission Started Utsav etc by putting pendal on public road in front of 1st Party (a Brahmin).causing nuisance. This illegal construction which blocked light and fresh air etc.+Temple issue etc was objected and complained by 1st party to all concerned including SP and Commissioner (before whom proceedings conducted -orders awaited), with some other neighbors.
With this in mind the wife (Complainant)felt offended and filed Private Complt.(Police at 1st refused she claims) before Dist. & Sess. judge. which directed Dy Sp to investigate.She alleged entered house,pulled saree, beaten abused in filthy language on caste. 354,323,324,506 and SC/St 3(1)(x) applied.Accused 1 was arrested and bail allowed. Accused no 2 applied for Ant. bail. Ages in FIR and complaint are wrongly mentioned. Second accused named wrongly. No witnesses to priv. complaint. How Accused who were alleged wrongly to come out? Please suggest.
Dr J C Vashista
(Expert) 07 December 2013
You have no alternative but to contest and prove the allegations as false. Thereafter file defamation case/complaint(civil as well as criminal) against the complainant.
Sudhir Kumar, Advocate
(Expert) 07 December 2013
as far as absence of witness is concerned, she herself is a witness and her evidence alone can be sufficient for conviction if there is merit in the case.
Deficiency in name and age can be corrected by police at the time of challan.
I fully agree with Mr Vashistha and add that in this case there is a background of illegal construction. But on the same time the construction is of a temple by SC person and she can well claim strenthening of her allegation.
Guest
(Expert) 07 December 2013
Most of such cases get acquitted only.Consult a shrewd criminal advocate.In most of the villages in every street you could find atleast one person booked under PCR act.So dont worry police also would be knowing it is a false case.
R.K Nanda
(Expert) 07 December 2013
agree with experts.
Raj Kumar Makkad
(Expert) 07 December 2013
*Narasimha! I strongly object over your word "shrews criminal advocate".
You need to mend your words as these are highly derogatory.
I am of the opinion that wise lawyer dealing in criminal side' would have been your words.
Guest
(Expert) 07 December 2013
Dear Author As per Macmilan Dictionery The Meaning Of word SHREWD is BY KEEN AWARENESS AND INTELLIGENCE ABLE TO JUDGE PEOPLE AND SITUATIONS VERY WELL AND TO MAKE GOOD DECISIONS The word DEROGATORY means having a BAD OPINION ABOUT SOME ONE The Meaning OF WISE PERSON IS ABLE TO MAKE GOOD CHOICES AND DECISIONS BECAUSE THEY HAVE LOT OF EXPERIENCE. Before Intelligence Experience is not INDISPENSABLE.And the meaning of SHREWS is small mouse like insectivorous animal
Rajendra K Goyal
(Expert) 07 December 2013
Defend the case on merit, Engage a good criminal lawyer.
Dr J C Vashista
(Expert) 08 December 2013
Engage a good criminal lawyer and contest
AAVADHOOT. D
(Querist) 08 December 2013
Thanks to all experts, for their valuable opinion. How such a unconstitutional law is allowed to be continued...Request for SC to do something about...Regards..
Sudhir Kumar, Advocate
(Expert) 08 December 2013
you said
Request for SC to do something about"
This forum only give charitable advise and does not do litigation on behalf of querists.
If you have to challange then file petition before High Court or Supreme Court by engaging a lawyer.
AAVADHOOT. D
(Querist) 09 December 2013
@SudhirKumar Sir,
Its request FOR and not "TO", If it was TO your statement would have been correct. I am not at all suggesting this forum which is noble job to file any petition of work on behalf of querists.
Anyway I had no any intention as perceived by you. Regret the same
Regards and Thanks
