Legal Question in Criminal Law in India

sir a false atrocity case has been registered against me by a person who has encroached my agircultural land.on 1st october of this month i got an interim injunction from the court refraining the defendant from interefering into the suit schedule property inspite of this he vioalted the court orders and is still in the possession .taking note on this on 20th of 0ct i filed a police complaint on him saying he is vioalting the court orders the police said that they will summon him and talk to him but after he getting to know that i have given a complaint on him on 20th of october...he filed an atrocity case on me on 21 st october that i had come to land @ 7 am on 21 and i verbally abused them about their caste and threatened to kill him..my father had asked a photographer to take the snaps of the land in oder to produce before the court similarly the photographer and his son went to the land @ 7:35 am and took the snaps but @ that time there was no body in the lands..and i was not present in the lands on 21st and i atteneded the college @ 8:30 as well but he has given a false complaint saying i had come @ 7...and a few people have signed as witnesses which is again false....

the sections under which i am framed are

506 and sc st act(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;

how do i prove my innocence ?

can i get this case quashed in the high court of karnataka?


Asked on 10/30/10, 10:25 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

first, you should think of getting the anticipatory bail in the case. the provisions of SC ST act have been expoloited in your case. Never the less you first go for bail. Since the matter is at the stage of investigation, the question of quashing does not arise. Hold your horses. Keep your evidence close to the chest. Because in investigation, knowing your defence, they may cover that up. In your case, file an application for contempt of the order.

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Answered on 10/30/10, 11:23 pm


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