Any lawyers that can give genuine advice regarding SC ST atrocity case ?

Community Forums Legal Advice India Any lawyers that can give genuine advice regarding SC ST atrocity case ?

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    • #40296 Reply
      User_09169665
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        User_09169665
        PARTICIPANT
        March 7, 2025 at 3:31 am
        I’ll give as much detail as possible.
        So my mom is in president position at a social work organization that hires women on contract for work . My mother’s role is to give and oversee the contracts.
        Last year a SC woman came in, begged for job , mom believed her and gave her a contract for 3 months.The contract has signature of district head and secretary as well (this secretary has further role in story) In the 3 months she did not do any work and made a mess at most of the site.
        Now after her contract was over she came in again claiming her actual contract was 11 months and that my mom maliciously kicked her out.
        Now here comes the incident . One day last year she and her husband came to meeting in the office(husband was outside) , as meeting concluded that she was getting kicked out , her husband started making scene outside then she started abusing as well . My mom was confused most of the time and did not say a word to them. The couple next day went to police and filed a complaint that castiest slurs were used against them.

        Police being SC himself at first was rude to my mother. She gave them her statement . Now this meeting took place in front of around 6 people ; two of them being SC women who were part of the plan and on her side. They gave statement that my mom used castiest slurs while rest if the people present there gave statement on my mother’s side. Also the secretary who wasn’t present there is on SC women’s side as that secretary is corrupt as fuxk.

        After leaving police station my mother started collecting all the evidence she can , gave it to the police , police did preliminary inquiry and found the case to be baseless. Then the SC couple went to SP. SP also found the case to be baseless and hence gave the closure report . Hence no FIR was lodged .

        Now here’s the thing . The SC couple is simply not stopping. They are doing protests, taking help of politicians, SC organisations since last year . They are doing protest on imp events like 15 Aug,26 Jan, women’s day etc. Also taking help of SC news reporters. All this just to pressurize the police.

        So my question is can the police get pressurized and file an FIR ? We asked our lawyer can we file counter case against them, he said it won’t be worth it. Also if FIR is loged will we get a bail ? Till now we haven’t payed a single penny to anyone , cause that’s how baseless this cade is.
        Pls help us in any way you can.

      • #40306 Reply
        User_09169665
        Participant
          U
          User_09169665
          OP
          March 7, 2025 at 3:33 am
          And one more thing, they are ready to take the case back if my mom keeps them at job😆 .

          • #40317 Reply
            Prakashtiger378
            Participant
              P
              Prakashtiger378
              PARTICIPANT
              March 7, 2025 at 4:22 am
              Can’t your mom use this as evidence to file a harassment complaint against them?

              • #40326 Reply
                User_09169665
                Participant
                  U
                  User_09169665
                  OP
                  March 7, 2025 at 4:42 am
                  Lawyer says it won’t be easy it’s best to let go

                  • #40332 Reply
                    Prakashtiger378
                    Participant
                      P
                      Prakashtiger378
                      PARTICIPANT
                      March 7, 2025 at 7:06 am
                      Though it is best, but what if they don’t back out… sometimes people get greedy…

                    • #40331 Reply
                      Jignesheagle772
                      Participant
                        J
                        Jignesheagle772
                        PARTICIPANT
                        March 7, 2025 at 8:43 am
                        Your lawyer is useless

                        • #40335 Reply
                          User_09169665
                          Participant
                            U
                            User_09169665
                            OP
                            March 7, 2025 at 9:21 am
                            What should our course be ? Lawyers says we won’t get justice .

                            • #40338 Reply
                              Prakashtiger378
                              Participant
                                P
                                Prakashtiger378
                                PARTICIPANT
                                March 7, 2025 at 4:53 pm
                                OP hire a different lawyer, also file an application directly In court to get anticipatory bail… based on earlier closure of FIR and continued harassment from those people. If court grant that then they would not be able to do anything even if the FIR is filed.

                    • #40305 Reply
                      Yashdude573
                      Participant
                        Y
                        Yashdude573
                        PARTICIPANT
                        March 7, 2025 at 4:09 am
                        If it has already been one year, its highly unlikely that FIR will be registered. Only under very high pressure or through court referred case, the FIR can be registered. Otherwise it is already too late.

                        By chance if FIR gets registered, get an anticipatory bail and apply for quashing of the case in HC, in interim order pray for stay. The HC will most probably grant a stay and then no one will bother about it.

                        Dont give the job back, she will repeat this again. Enough with their bullshit of fake cases.

                        • #40316 Reply
                          User_8820de79
                          Participant
                            U
                            User_8820de79
                            PARTICIPANT
                            March 7, 2025 at 4:23 am
                            Section 18 bars anticipatory bail under the SC ST Act. They would have to apply for regular bail after the FIR is lodged either by surrendering in court or on remand.

                            • #40325 Reply
                              User_09169665
                              Participant
                                U
                                User_09169665
                                OP
                                March 7, 2025 at 4:45 am
                                Can u explain this in easy language.

                                • #40330 Reply
                                  User_abde119a
                                  Participant
                                    U
                                    User_abde119a
                                    PARTICIPANT
                                    March 7, 2025 at 6:12 am
                                    NAL

                                    they are saying that if from the facts its not directly evident your mom did some crime (use castist slurs), then your mother can apply for anticipatory bail. anticipatory bail is when you ask the court to let you go before the police arrest you. You have to pay some money for that. Normal bail is asking to be let go after the police arrest you. Again like all bail, you have to pay money.

                                • #40324 Reply
                                  Yashdude573
                                  Participant
                                    Y
                                    Yashdude573
                                    PARTICIPANT
                                    March 7, 2025 at 5:18 am
                                    The Supreme Court has clarified in various judgments that this bar is not absolute. If the allegations are prima facie false or do not make out an offense under the Act, courts can still grant anticipatory bail.

                                    90% of the cases get anticipatory bail.

                                • #40315 Reply
                                  User_09169665
                                  Participant
                                    U
                                    User_09169665
                                    OP
                                    March 7, 2025 at 4:45 am
                                    Lawyer said if by chance FIR is registered, my mom should leave the town and directly go to the city to seek anticipatory bail. He also said you have to pay around 50k rs to get that bail. Is that true?

                                    • #40323 Reply
                                      Shivanshpanda417
                                      Participant
                                        S
                                        Shivanshpanda417
                                        PARTICIPANT
                                        March 7, 2025 at 4:59 am
                                        Anticipatory bail is not maintainable under SC ST Act

                                      • #40322 Reply
                                        Yashdude573
                                        Participant
                                          Y
                                          Yashdude573
                                          PARTICIPANT
                                          March 7, 2025 at 5:20 am
                                          Yes

                                          But amount may vary as per the lawyer you hire

                                          • #40329 Reply
                                            User_09169665
                                            Participant
                                              U
                                              User_09169665
                                              OP
                                              March 7, 2025 at 9:30 am
                                              Ques1) any chance we can counter case against them and will it be worth it? She keeps doing protests , town is small so words spread faster. It gets tiring when everyone calls

                                              Ques2). If FIR is loged and matter goes to court . Will she get convicted for false accusation if we win the case?

                                              • #40334 Reply
                                                Yashdude573
                                                Participant
                                                  Y
                                                  Yashdude573
                                                  PARTICIPANT
                                                  March 7, 2025 at 2:44 pm
                                                  She wont get conviction for false accusations.

                                                  • #40337 Reply
                                                    User_09169665
                                                    Participant
                                                      U
                                                      User_09169665
                                                      OP
                                                      March 8, 2025 at 2:19 am
                                                      Quiet unfair man, there should be some sort of consequences.

                                            • #40314 Reply
                                              User_09169665
                                              Participant
                                                U
                                                User_09169665
                                                OP
                                                March 7, 2025 at 7:06 am
                                                BTW any chance we can counter case against them and will it be worth it? She keeps doing protests , town is small so words spread faster. It gets tiring when everyone calls.

                                                • #40321 Reply
                                                  Yashdude573
                                                  Participant
                                                    Y
                                                    Yashdude573
                                                    PARTICIPANT
                                                    March 7, 2025 at 2:44 pm
                                                    Counter case may put some pressure, but non heinous case wont be of any use, heinous case can only counter atrocity case.

                                                • #40313 Reply
                                                  Coolfalcon5953
                                                  Participant
                                                    C
                                                    Coolfalcon5953
                                                    PARTICIPANT
                                                    April 21, 2025 at 1:50 pm
                                                    Someone used my UPI for fraud, and another person filed a cyber complaint against me. Now that person has withdrawn the case and it is closed, but my bank account is still frozen. When I spoke to the cyber police, they said the complainant needs to give a written application to help with unfreezing my account. what i do now

                                                • #40304 Reply
                                                  User_abde119a
                                                  Participant
                                                    U
                                                    User_abde119a
                                                    PARTICIPANT
                                                    March 7, 2025 at 6:18 am
                                                    NAL

                                                    the lawyer would know the facts of the case better than us and would also know how police/politicians and SC activist groups function so maybe listen to him.

                                                    However i dont agree with his advise of asking your mother to leave town. Your case seems like it has some hope. Maybe consider taking advise of some other lawyers as well.

                                                  • #40303 Reply
                                                    Bravetulsi3717
                                                    Participant
                                                      B
                                                      Bravetulsi3717
                                                      PARTICIPANT
                                                      March 7, 2025 at 6:51 am
                                                      If there is no case , then no advice .

                                                      Dont worry police wont file the case , have them banned from your office .

                                                    • #40302 Reply
                                                      Expertshruti2631
                                                      Participant
                                                        E
                                                        Expertshruti2631
                                                        PARTICIPANT
                                                        March 7, 2025 at 7:11 am
                                                        But , are you sure your mother didn’t use any casteist slur ?

                                                        While it’s easy to blame them for misusing the law , there could be another version of story as well

                                                        • #40312 Reply
                                                          Fierceninja1766
                                                          Participant
                                                            F
                                                            Fierceninja1766
                                                            PARTICIPANT
                                                            March 7, 2025 at 7:51 am
                                                            So he needs to be sure first that there weren’t any castist slurs, then he(who has already ascertained that his mother did not use any slurs) would miraculously find that she did use castist slurs and would would take his mother to the police station and then tell the police to file a case( which BTW the police has already deemed baseless in their preliminary inquiry because of lack of proof), now after such a long time following a closure report now the mummy and beta will go and tell police uncle to file a case.
                                                            Thank you for such an incredible suggestion and advice.

                                                            • #40320 Reply
                                                              Expertshruti2631
                                                              Participant
                                                                E
                                                                Expertshruti2631
                                                                PARTICIPANT
                                                                March 7, 2025 at 7:56 am
                                                                Great!

                                                                मिर्ची?

                                                            • #40311 Reply
                                                              User_09169665
                                                              Participant
                                                                U
                                                                User_09169665
                                                                OP
                                                                March 7, 2025 at 8:57 am
                                                                Yeah that’s why these guys are ready to take their case back if my mother keeps them on job. Nice way to have justice isn’t it?

                                                                • #40319 Reply
                                                                  Expertshruti2631
                                                                  Participant
                                                                    E
                                                                    Expertshruti2631
                                                                    PARTICIPANT
                                                                    March 7, 2025 at 9:25 am
                                                                    Yeah , for loss of income they maybe sacrificing their dignity.

                                                                    • #40328 Reply
                                                                      User_09169665
                                                                      Participant
                                                                        U
                                                                        User_09169665
                                                                        OP
                                                                        March 7, 2025 at 9:45 am
                                                                        My mother has voice recordings of the Day the incident happened which she showed to police. After this the SC woman changed the date saying slurs were given on this date when nobody was present . We had proof of that as well as it was a holiday , she changed her date once more , on this date mother was on meeting in different town , she changed date once more for final , and on that day mom has screenshots of whatsapp group claiming the SC woman wasn’t present in the town and was on field . Don’t know about you but this is enough proof for the police .

                                                                      • #40327 Reply
                                                                        Urbanmaster6633
                                                                        Participant
                                                                          U
                                                                          Urbanmaster6633
                                                                          PARTICIPANT
                                                                          March 7, 2025 at 10:18 am
                                                                          They neither had any dignity nor qualification to begin with. That’s why they go around begging and misusing laws.

                                                                          • #40333 Reply
                                                                            Expertshruti2631
                                                                            Participant
                                                                              E
                                                                              Expertshruti2631
                                                                              PARTICIPANT
                                                                              March 7, 2025 at 10:20 am
                                                                              Just noticing how much hate people have for a community and that’s why these laws are must

                                                                              • #40336 Reply
                                                                                User_04ad5d08
                                                                                Participant
                                                                                  U
                                                                                  User_04ad5d08
                                                                                  PARTICIPANT
                                                                                  March 7, 2025 at 11:23 am
                                                                                  I see this as a clear misuse of law idk how are you using it as an example for ” these laws are a must ” .
                                                                                  SC ? You don’t need to justify someone else’s wrong doings .

                                                                      • #40301 Reply
                                                                        Luckypanda5091
                                                                        Participant
                                                                          L
                                                                          Luckypanda5091
                                                                          PARTICIPANT
                                                                          March 7, 2025 at 7:36 am
                                                                          If it’s already been a year, the chances of an FIR being registered are pretty low unless there’s significant pressure or a court order. If it does happen, your best move would be to get anticipatory bail and then apply for quashing in the High Court. In the meantime, requesting a stay can help keep things in check. As for giving the job back, be cautious—if this has happened once, it could happen again. Protect yourself legally and make decisions that ensure your peace of mind. It’s frustrating dealing with false cases, but staying calm and handling it smartly will work in your favor.

                                                                          • #40310 Reply
                                                                            User_09169665
                                                                            Participant
                                                                              U
                                                                              User_09169665
                                                                              OP
                                                                              March 7, 2025 at 9:34 am
                                                                              BTW any chance we can counter case against them and will it be worth it? She keeps doing protests , town is small so words spread faster. It gets tiring when everyone calls.

                                                                            • #40309 Reply
                                                                              User_09169665
                                                                              Participant
                                                                                U
                                                                                User_09169665
                                                                                OP
                                                                                March 7, 2025 at 9:51 am
                                                                                I forgot to add this data
                                                                                My mother has voice recordings of the Day the incident happened which she showed to police. After this the SC woman changed the date saying slurs were given on this date when nobody was present . We had proof of that as well as it was a holiday , she changed her date once more , on this date mother was on meeting in different town , she changed date once more for final , and on that day mom has screenshots of whatsapp group claiming the SC woman wasn’t present in the town and was on field .

                                                                            • #40300 Reply
                                                                              Smartarushi4657
                                                                              Participant
                                                                                S
                                                                                Smartarushi4657
                                                                                PARTICIPANT
                                                                                March 7, 2025 at 7:54 am
                                                                                From a cursory reading of your case, here are my thoughts on your case :

                                                                                SP’s closure report carries statutory weight under [BNSS §187]

                                                                                Protestors cannot legally compel FIR registration without fresh evidence [SC Guidelines 2023]

                                                                                Also, Counteraction Measures that you can take :

                                                                                Issue legal notice to protestors under:

                                                                                [BNS §229] (false charges)

                                                                                [BNS §351] (criminal intimidation)

                                                                                File writ petition under Article 226 for:

                                                                                Injunction against police coercion

                                                                                Directions for protestor accountability

                                                                                Further Engage a specialized SC/ST Act lawyer to file:

                                                                                Mandamus petition against police harassment

                                                                                Damages suit for reputational harm

                                                                                Counter-FIR under BNS §196 (fabricating evidence)

                                                                                Consult your lawyer to get a better understanding of these all, and then decide how you want to proceed.

                                                                                • #40308 Reply
                                                                                  User_09169665
                                                                                  Participant
                                                                                    U
                                                                                    User_09169665
                                                                                    OP
                                                                                    March 7, 2025 at 9:50 am
                                                                                    I forgot to add this data
                                                                                    My mother has voice recordings of the Day the incident happened which she showed to police. After this the SC woman changed the date saying slurs were given on this date when nobody was present . We had proof of that as well as it was a holiday , she changed her date once more , on this date mother was on meeting in different town , she changed date once more for final , and on that day mom has screenshots of whatsapp group claiming the SC woman wasn’t present in the town and was on field .

                                                                                    • #40318 Reply
                                                                                      Smartarushi4657
                                                                                      Participant
                                                                                        S
                                                                                        Smartarushi4657
                                                                                        PARTICIPANT
                                                                                        March 7, 2025 at 10:23 am
                                                                                        What I said still stands. This new information only helps your more. 👍

                                                                                  • #40299 Reply
                                                                                    Ojasguy321
                                                                                    Participant
                                                                                      O
                                                                                      Ojasguy321
                                                                                      PARTICIPANT
                                                                                      March 8, 2025 at 1:21 am
                                                                                      Unpopular opinion but I think OP’s mother should have a proper meeting with her and her husband (and secretly record this meeting for future evidence in the unlikely event that they go back on their word) and give the lady her job back with certain riders such as revocation of the case and her commitment to do her work properly once reinstated, may also provide some kind of training if possible. An amicable solution is the best way out of such scenarios.

                                                                                      • #40307 Reply
                                                                                        User_09169665
                                                                                        Participant
                                                                                          U
                                                                                          User_09169665
                                                                                          OP
                                                                                          March 8, 2025 at 6:27 pm
                                                                                          There was a meeting regarding this within the organisation . My mother refused to get her back at work , she told them that she is giving her resignation and other women ( the 2sc women who were on the couples side) should take my mom’s position in org. Those SC accomplice refused that offer as they did not want to be involved in the corruption that couple will pull.

                                                                                      • #40298 Reply
                                                                                        User_3d5af041
                                                                                        Participant
                                                                                          U
                                                                                          User_3d5af041
                                                                                          PARTICIPANT
                                                                                          March 9, 2025 at 6:13 pm
                                                                                          Off topic, why do people keep hiring them, in our organisation there’s a silent rule don’t hire from ST/SC background and we never hire

                                                                                        • #40297 Reply
                                                                                          User_d737bf16
                                                                                          Participant
                                                                                            U
                                                                                            User_d737bf16
                                                                                            PARTICIPANT
                                                                                            April 27, 2025 at 11:26 am
                                                                                            Please help me, I am also facing a false atrocity case.

                                                                                            Backstory:
                                                                                            It all started around 14 months ago, on 10/03/2024. A Scheduled Tribe (ST) person came to my maternal uncle’s (Mama’s) shop and started abusing after a heated debate. (He was drunk and upset because my uncle had put up a Ram Navami flag. He even slapped my uncle.)

                                                                                            In response, my uncle called his elder brother and me for help. We went there and calmed the situation. My elder uncle even apologized just to end things on a good note.

                                                                                            However, after things seemed settled, the ST person’s brothers and a group of goons arrived. Without any provocation, they started beating us brutally. They tore off my T-shirt and tried to rip off my shorts (which were almost torn apart). They kept shouting that they would parade us naked.

                                                                                            I was severely beaten with bats and stones and was even bitten on my arm. Due to the injuries, I was hospitalized.

                                                                                            We immediately lodged an FIR against them.

                                                                                            Later, when they came to know about our FIR, they attempted to register a false atrocity case against us. Initially, the police refused because the previous officer in charge knew the history of the ST individual — he had already filed at least three false atrocity cases in the past and had multiple criminal cases pending against him. We also had CCTV footage supporting our version.

                                                                                            Fast forward to the present — after the retirement of the previous officer, a new officer (who belongs to the same caste as the ST person and is allegedly connected to him) has now registered an FIR against us. The new officer mentioned that he was under pressure from higher authorities. (The ST person has influence and has even obtained a letter of support from Ramdas Athawale.)

                                                                                            We were given two options:
                                                                                            1. Request the ST person to withdraw his complaint and simultaneously withdraw our FIR; or
                                                                                            2. Face registration of the atrocity case against us within 15 minutes.

                                                                                            We pleaded for at least one day to respond, but the officer refused and filed the FIR.

                                                                                            I need advice:
                                                                                            – How is this going to affect me, considering I was **not present at the time of the initial debate**?
                                                                                            – When I arrived, I was immediately attacked by the goons — I was only a victim, not an aggressor.

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