Threatening case
veena
(Querist) 16 March 2013
This query is : Resolved
dear sir,
pls let me know at the earliest.
ajay sethi
(Expert) 16 March 2013
what is your query?
Devajyoti Barman
(Expert) 16 March 2013
Lodge a complaint with police. If police fails to do anything then go to court and file petition u/s 156(3) crpc for necessary direction.
veena
(Querist) 16 March 2013
my tenant has lodged a false case against me and my husband where as he was not there at home when she lodged a complaint against us.
she has filed a threatening case (section 506) against her and also pls let me know whether the caste factor also come into play in these cases. i have requested her to take back the case and she says that she takes back the case but she say verbally or in writing. if she does not take back the case what is that i can do and how can i protect myself. pls let me know.
prabhakar singh
(Expert) 16 March 2013
If you mean some has threatened to danger your life, liberty or property,then you need to to lodge FIR with concerned police station.
prabhakar singh
(Expert) 16 March 2013
You could have posted facts first.
Is she SC?
veena
(Querist) 16 March 2013
i told her to vacate the house and she filed a FIR that i have threatened her and they filed a FIR under section 506. she say she will take back the case but every time verbally when i asked her to give in writing she has postponed till next saturday. pls advice should i take a bail or wait.
ajay sethi
(Expert) 16 March 2013
you have to fight case on merits . no threats had been issued by you to your tenant . these are figments of her imagination
veena
(Querist) 16 March 2013
yes she is Sc or ST i dont know properly.
ajay sethi
(Expert) 16 March 2013
you must have issued notice in writing asking her to vacate the premises . you must have invoked clauses in agreement . the case has been filed to pressurise her to stay . dont bow down to these pressure tactics
veena
(Querist) 16 March 2013
what should i do next. should i take a bail and fight the case or request her to take back the case. pls advice.
prabhakar singh
(Expert) 16 March 2013
Then it is a bit serious matter on which advise can be advanced only after looking into the FIR.
It would be better for you to take guidance of a local lawyer.
If she does not withdraw you may need to take bail but if SC/ST involved ,getting bail same day be either not possible or very difficult.
veena
(Querist) 16 March 2013
but the SC/ST clause are not involved. does she not require any proof how will the case progress. other thing the SI has said that till next saturday he will put in lok adalat.
till that time what should i do
veena
(Querist) 16 March 2013
the SI say it is simple case. do not worry. this is first time we are in a legal problem, i am not able to understand what to do.
veena
(Querist) 16 March 2013
pls advice sir.
Devajyoti Barman
(Expert) 16 March 2013
I think you can go to high court for quashing as the case seems to be a fallout of the civil dispute of tenancy.
Nadeem Qureshi
(Expert) 16 March 2013
Dear Veena
Section 506. Punishment for criminal intimidation
Whoever commits, the offence of criminal intimidation shall be punished with imprisonÂment of either description for a term which may extend to two years, or with fine, or with both;
If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonÂment of either description for a term which may extend to seven years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable-Bailable—Triable by any Magistrate—Compoundable by the person intimidated.
Para II
Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
State Amendment
Uttar Pradesh
Imprisonment of 7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Vide Notification No. 777/VIII 9-4(2)—87, dated 31st July, 1989, published in U.P. Gazette, Extra., Pt. A, Sec. (kha), dated 2nd August, 1989.
comments
Threat to reputation
Where criminal intimidation was committed by threatening X and his daughter with injury to their reputation by having the indecent photographs published; the intent mentioned was to cause alarm to X and his daughter, hence the appellant was clearly guilty of the criminal intimidation and it was held that the conviction of the appellant under section 506 is correct; Romesh Chandra v. State, AIR 1960 SC 154.
Feel free to Call
Sudhir Kumar, Advocate 
(Expert) 17 March 2013
repeated from http://www.lawyersclubindia.com/experts/threatening-case-376151.asp
Raj Kumar Makkad
(Expert) 17 March 2013
What is the use to repeat the similar query again and again?
