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Some one filed SC/ST atrocity in a land matter
23-May-2023 (In Civil Law)
Few years ago(70 years ago) A(SC person) sold his land one achre to B(SC person) but B was not registered that land and sold 6 guntas to us(BC) 20 years back. And we built a home and staying in that house for 20 years. 5 years back, grand son of A applied for mutation certificate and managed to get it from MRO as B was not aware of it even B is also staying at that land for 70 years and paying taxes for it. Now the grand son of A demanded money/some land from B and B rejected it. then A filed civil case against B and also filed SC/ST atrocity case against us.How to proceed on this to get relief.
A person facing charges under the SC/ST (Prevention of Atrocities) Act cannot be granted anticipatory bail until it was proved that no case was made out against him and the allegations were false, the Supreme Court has held.
referred to its earlier verdict in the "Vilas Pandurang Pawar and Anr Vs state of Maharashtra and Ors" in 2012, stating that Section 18 of the Act created "a specific bar to the grant of anticipatory bail to a person against whom any offence is registered under the provisions of the Act and, therefore no court shall entertain an application for anticipatory bail unless it, prima facie, finds that an offence under the Act is not made out."
"We find that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984, provides that nothing in Section 438 (provisions relating to anticipatory bail) of the Criminal Procedure Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act," the bench said.
Also, regarding the property you should ask B to file a declaration suit in the jurisdictional civil court.
referred to its earlier verdict in the "Vilas Pandurang Pawar and Anr Vs state of Maharashtra and Ors" in 2012, stating that Section 18 of the Act created "a specific bar to the grant of anticipatory bail to a person against whom any offence is registered under the provisions of the Act and, therefore no court shall entertain an application for anticipatory bail unless it, prima facie, finds that an offence under the Act is not made out."
"We find that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984, provides that nothing in Section 438 (provisions relating to anticipatory bail) of the Criminal Procedure Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act," the bench said.
Also, regarding the property you should ask B to file a declaration suit in the jurisdictional civil court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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see both are two different cases and have two cause of actions regarding the civil matter you need to prove possession and enjoyment for last 13 years without any interruption and regarding the criminal case based upon facts and can advice the same
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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