Anonymous
05 June 2011 at 19:01
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."
506. Punishment for criminal intimidation
By filing false FIR under 498a wife and her family threatens and injured husband and family reputation. Can he intitate above IPC against wife and his family when 498a is still going.
What is juristication of such case, city where husband is staying or city where his wife is staying and filed a false FIR.
Anonymous
05 June 2011 at 18:58
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."
506. Punishment for criminal intimidation
By filing false FIR under 498a wife and her family threatens and injured husband and family reputation. Can he intitate above IPC against wife and his family when 498a is still going.
What is juristication of such case, city where husband is staying or city where his wife is staying and filed a false FIR.
Anonymous
05 June 2011 at 18:49
Dear Seniors,
Does the accused have the right to receive POLICE Diary and exhibits of the evidence collected from the complainant without RTI.
or
What does the accused have right to get from the station except Case Diary.
Anonymous
05 June 2011 at 18:44
In Discharge Application if there is only one accused the court has discharged only one accused the matter will continue in respect of the other accused whereas in case of quashing the matter is quashed and both the accused are discharged.
Case Law of the above mentioned lines.
Section 385. Putting person in fear of injury in order to commit extortion
Question: Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Wife file a complaint against husband claiming he has X amount of stridhan with him, which husband does not have. Husband and family is put in fear of police jail, would this attract section 385.
Answer: word used "fear" means - fear of criminal act or causing injury, and not a fear of being sued. So can I have the case law which say that ((((((word used "fear" means - fear of criminal act or causing injury, and not a fear of being sued.)
Anonymous
05 June 2011 at 16:07
Any one have any draft/formate of application under section 156(3)CrPC.
Plz Provide Urgently
Anonymous
05 June 2011 at 13:46
Dear Sir/madam,
As LCI provides legal advisind help but my only quarry I coudn't get resolved yet.pls advise me !
my wife filed divorce then 498A and then 125.there is only me & my old father in my family.
My wife with her father taken away 315 GM gold orna.as agst 250 GM gold orna.in FIR u/s 498A. (as i and my father were under police custody and almirah taken to PS.the key was in possession of wife,she withdraw all gold and taken away promising Rajeenama.wife & her father has given receipt of all gold bearing their sign.).2 yrs lapsed,no action in this subject taken as wife had been promising to come back to my home but now has denied to come back at reconciliation before DJ court and also refused to me to come back and return the gold.now my advocate says to file 420&406 for recovery and i also want only wife and her father once arrested and then settlement at due figure as they have asked for undue high amount. is there any legal risk/ harmful implication to me in filing 420&406.she has no proof of gold.it was my mother's gold.
Thanks ! awaiting reply soon.
Anonymous
05 June 2011 at 12:53
i want to know the procedure to be followed in a railway court where a Fir has been lodged against a person for crossing a railway crossing by his pick up van, the pick up van has been forfeited by the police after a complaint made by the railway authorities. The police registered a FIR under sec 279 and 427.
i am an advocate and just started practice and would like to know the procedure for drafting this case and for the release of the forfeited vehicle by the police.
what would be the court fees of railway court
Anonymous
05 June 2011 at 11:39
Is copy of marriage certificate mandatory for police to file chargesheet for 498a?
neither husband or wife is questioning vaildating of marriage.
Anonymous
05 June 2011 at 11:31
Hello,
I would like to know that a man married for 23 years with 2 kids from his wife but had not informed the wife about himself being an illegitimate son amount to raping his wife in all those years and does the Section 376 IPC apply to him.
Secondly the properties were put in good faith on the wife’s name along with the husbands name because of love and affection and a Registered Power of Attorney was obtained from the wife. The monies for the properties had come from landed property of the husband’s mother and father. When found that the wife was not behaving in the right manner and went in Christianity without informing the husband and besides that many other unmentionable facts, the husband via the POA transferred the the wife’s share of the property as a Gift back to his mother.
We were married as per Muslim Law. Divorce case is still pending in the Family Court. Wife had run away and filed the case. Besides that for the property there is a separate case filed in the Civil Court.
Custody of the minor son has been granted to the father by the Family Court.
Does any of the above attract criminal charges towards the Husband and his Mother for Criminal conspiracy(Section 120-B IPC),cheating(Section 420 IPC), Rape(Section 376 IPC) read with Section 34 of the Indian Penal Code. This has been filed by the wife besides the other above cases.
Kindly explain does any of the above apply to the case filed and summons sent. I believe a bail has to be obtained. Mother is nearly 80 years and husband is 50 years.
As this is quite serious I will appreciate and be obliged for an answer if possible a little elaborate one.
Kind Regards to all.
209 IPC
209 IPC,
Whoever fraudulently or dishonestly, or with intent to injure or any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Does this section apply for making dishonest claim in family court. Or it is limited to criminal and civil court