Experts please advice on below situation (Person A is close family member):
Person A: From reputable family, no prior record whatsoever, highly respected in community, brother of sub judge.
Person X: He is iron smith/ carpenter from SC community.
Lady Y: Local pradhan, Person A’s wife contested election against her and lost, from SC community , from SC community, differences with Person A’s family because of political reasons.
Background: Person A’s family used to trust Person X very much. He was treated like family member and did most of house renovation work for Person A and was timely paid. Person A’s family used to give various gifts to Person X’s wife and kids.
Person X have some differences with his wife and was staying away from him for some time. She came back to person X’s home few days ago and Person X left home. Person A’s family provided food for his kids as they didn’t had any money. Person X asked Person A to help him get divorce and file false complaint with police that his (Person X) wife is torturing him, to which Person A refused.
Person X teamed up with Lady Y and he filed false FIR against person A, (I don’t have access to FIR but some of the charges are)
1. Person X was used as Bonded Labor.
2. Person X was tortured as SC. Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
3. Threatening to kill.
Person X is by chance out of station and police came home to arrest him. We are taking legal advice but I have few question for experts on this forum
1. Do police have power to arrest just based on FIR?
2. Based on these charges can Person A get anticipatory bail. If not how can he avoid arrest.
3. If police found all changes are false, will person X be charged.
4. There was article in local newspaper that this Person X was tortured as SC by Person A, can we sue newspaper because charges are not proved yet.
5. Is there any law to stop misuse of laws related to Scheduled Caste.
7. Any other suggestion for this case.
