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498_final stage (Professional)     17 January 2013

Girl's mother threatening before appearing to dv court date

Girls mother filed a fabricated DV case from her native place (though same state where 498a is filed). In DV case they are demanding a whopping sum of money which their 7 generations must not have seen. We ofcourse cant fulfil any demand when we know they are a bunch of liars and frauds.

Girls mother mentioned in the DV case that due to mental harassment girl is not capable of working anymore and residing in her Nani's house. I started investigating in her company and after some time received a threat call from her mother saying that "Tum yahan to aaoge hee tareekhon per to soch lo kya kya ho sakta hai", She also abused the court and said that "courts gaye bhaad mein tum hoge dusre tareeke se SAHEE" and abused me over the phone. I recorded the conversation and slapped a complaint against that lady in the nearby police station mentioning her malafide intentions. Police received the complaint. 

Now my question is - Can I ask for case transfer solely based on the fact that they are threatening and can do some harm to me and my family. Also why they have filed cases from two different cities when the whole incident actually happens in a different State.

Kindly answer.



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 2 Replies

Tajobsindia (Senior Partner )     17 January 2013

1. No.
Reasoning:
A.
She has filed same cause of actions from 2 Jurisdictions. How can one face two cases based on same cause of action in one jurisdiction even if one case from another jurisdiction gets transferred to other case Jurisdiction?
B. You have not understood a single word I replied to your previous to previous query. Better consult with your own Lawyer as free advise are usually not understood because it is coming for free.

However remedy here are limited if abusive / threatening call which were recorded by one party are cause title ;
1. Now ask for ATR from PS.
2. File S. 156 (3) CrPC Complaint case in local Magistrate Court and requesting for necessary investigation may kindly be initiated after registering a FIR and prosecuting cell no. XYZ owner under Ss. 294, 383, 387, 389 and 506 of the IPC.
3. If Magistrate Court takes cognizance well enough fine at admission hearing. If not then Court will direct IO to investigate and submit ATR. The ATR will come as Zero Report.
4. Here you need to pray to convert matter under S. 200 CrPC and got allowed to lead evidences / witnesses production.
5. All that you have to do now is produce her cellphone and your cellphone service providers with complete true copy records; registration details of cellphone, call details of such and such dates, cell tower locations with address of cell towers of respective cellphone no., preserved cellphone talk recordings submissions, voluntary submissions of recorded media for forensic lab etc.
6. Once above comes on record your MIL will become accused person and production Warrant will be issued for her production to concerned Court where first thing she has to get is Bail (which you can object which is another subject matter) and your purpose to get the case transferred will also be solved but then opening A and B will still remain achilles heal for you as you have no iota of understanding of cases why should not one case be quashed instead of asking repeated questions with development flavors hence you badly need first a Criminal Lawyer services not internet forum replies is my firm view to your overall queries till date whether you like my attention on your queries or not!.   

 

498_final stage (Professional)     17 January 2013

Hello Sir,

Thanks a lot for your response. I do understand what you are saying here and really appreciate your time. I do value your advices and really really appreciate your straightforwardness on the matter. If you are near/around Delhi NCR I would like to talk to you in person. 

The problem I am facing is that our Lawyers in Ghaziabad are not in a hurry to finish the case. They want mediation to be successful so that they make some money. However, I have strong evidences about the girl as well. She used to threat me of all this and I have recorded all those statements with my cell phone. But that all will come under trial. 

I liked the way you have expressed yourself sir. Kindly share your number and I would like to meet you in person.

Thanks


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