Got call from brotrher in law - threated to kill me..
Querist :
Anonymous
(Querist) 27 November 2011
This query is : Resolved
I recieved call from my brother in-law who is a DON of his area in UP. I have seen him carrying illegal weapons.
I have not recorded ythe call as such the call came from a local from their area.
He told that when they file a case in UP, I have to show up there in court or be arrested and kept there for few days.
Currently, I am in mumbai.
Now my question is : When my wife file a false 498a. I think from mumbai, I will be arrested and sent to UP. If I will be taken to UP, I am likely to be killed or they will surely attack me seriously.
1. How can I avoid going to UP, so that I can avoid attack?
2. I know I have to be present in court, over there if my wife file false 498a, IS they any way to transfer the case to mumbai, where I feel safe.... or any ground as such...
I seriously feel getting killed ... UP is place where one can shoot or give supari to another person. my Life is NOT cheap
V R SHROFF
(Expert) 27 November 2011
Get Anticipatory Bail, against the chg u/s 498a;
Trial will start after few years ! Till then ur Advocate will take care. ur evidence only after few yrs!U arrange surety/ or cash bail if allowed.
Send Notice & Complaint to concerned Police Station thru ur Adv, copy to Ministry, that ur life in danger,
U can also move Court under Cr.pc 156(3) and r brother in law will be on court record as accused. so he will not touch u. Even if someone else attack u, he will be booked.
U issue notice to ur wife & also to ur brother in law by speed post, prepare ur records.
I pray for your Long Life, and beauty wife!
mahendrakumar
(Expert) 27 November 2011
good advise Mr.Shroff.
it is said that a coward die many time in life.
usually people making threat rarely act on it.
still if you are seriously worried as stated,take precautions as suggested above.
M/s. Y-not legal services
(Expert) 27 November 2011
about 498.a, a.b only can save you from arrest.,
lodge a complaint against your brother in law. if police not register the case mean file petition before your high court for register the case against your brother in law.
also you can seek for police protection.
be brave and face him..
Sailesh Kumar Shah
(Expert) 28 November 2011
Mr. Author !
I strongly object your statement:-
"UP is place where one can shoot or give supari to another person"
You could not say anything to whole state for wrong doers of 1-2 persons.
Shonee Kapoor
(Expert) 28 November 2011
The said query has been answered on few forums earlier too.
UP doesnot have AB available, so the victim needs to move High Court (Allahabad or Lucknow depending upon jurisdiction) to get stay on arrest.
Trusted counsel at the place where case is lodged is a must to get out of this mess.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 28 November 2011
Mr. Tom
there is no question of cooling?
Author have to apology for it.
UP is also part of INDIA.
I request to other experts that don't reply of such query.
mahendrakumar
(Expert) 28 November 2011
I appreciate your loyalty for your beloved state Mr.Shailesh.
Sailesh Kumar Shah
(Expert) 28 November 2011
Shri Mahendra Kumar,
Respected Sir,
Even if it is about another state of INDIA. My reply would be same.
Thanks
with Regards,
Advocate. Arunagiri
(Expert) 28 November 2011
Mr.Shah,
It seems that the author is in emotional mood. He could not have coined the correct words for his query. Let us forgive him.
Sailesh Kumar Shah
(Expert) 29 November 2011
Shri Arunagiri,
Respected Sir,
I can understand after your view. but now Author should apology for it.
Thanks
with Regards,
Advocate. Arunagiri
(Expert) 29 November 2011
Dear anonymous,
I hope you are watching the discussions.
You can resolve it.
ajay sethi
(Expert) 29 November 2011
i agree with shaliesh shah
the querist should aplogise and not defame all the inhabitants of UP .
prabhakar singh
(Expert) 01 December 2011
I hope i shall not be called biased if i agree with concerns raised by Mr. Shah about
reckless comment made by the author about state i too hail from.
If author had such opinion about state of UP
what caused him to marry in the state of UP??
Remarkably the author has also stated in his very opening sentence to repeat"I recieved call from my brother in-law who is a DON of his area in UP. "
Then it was also a pre knowledge of the author that not only the state but also the family he is marrying is a family of DON{s}.YET HE MARRIED THAT IS A SELF SPEAKING TRUTH MORE OR LESS WHAT AUTHOR
HIM SELF REALLY IS.
THE POSITION OF LAW AND ORDER IS DISTURBED
IN ALL PART OF THE COUNTRY AND THERE ARE BLASTS IN ALL METRO CITIES KILLING INNOCENTS THEN IT IS NOT FAULT OF THE CITIES OR STATES THAT WE BLAME THE VERY LAND.
WE NEED TO NOTICE CRIME AND NOT THE LAND AND WE ARE UNION AND CRIME ON ANY PART OF LAND OF OUR COUNTRY IS A SERIOUS CONCERN.
THE AUTHORS BACK GROUND IS SELF SPEAKING FROM HIS QUERY ITSELF.WE NEED NOT COMMENT TOO MUCH ABOUT HIM.
Arun Kumar Bhagat
(Expert) 11 January 2012
From legal point of view I appreciate the answer given by Mr. Shonee Kapoor.
In addition, I advise the author to file an application under section 39(V) of the Cr. P.C before the CJM/ACJM of your area against the threat received by the author.
