Time limit for Filing of Case

Knowledge Gainer (Querist) 28 April 2011 This query is : Resolved
Last year on 11.06.2010, I have filed Police NC Report against a person for pressurising and threatening me to give divorce to my wife under mutual consent on cell phone. The person have no relation with my wife except he was ex-boss. I have no witness or recording of any kind. I have only Police NC report. He used to call my parents and also threatening them. They are only witness for this.

Now I want to take the matter to the court and want to punish this person for his misconduct.

Can I file case against him now?

under which sections? is there any time limit to file case?

Will I succeed in this case?

If not can he file case for defamation against me?

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PALNITKAR V.V. (Expert) 28 April 2011
it depends on what words he used. e.g.if he has given threat to life you can file case under section 506 of IPC. it is not necessary that there should be independant witness. your sole testimony if reliable would be enough. if you file a criminal case and do not suceed, there are chances that the accused may file defamation case against you. 4 limitatin see sections 469 to 473 Cr. PC

Guest (Expert) 29 April 2011
For any case law seeks proof. Better install a recording machine with your phone to record the version of the threat made by the caller and make that on whenever you or your parents receive call from him.

Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
Can I file case against him now?

yes offcourse!

Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
under which sections? is there any time limit to file case?

u/s-155(2)cr.p.c.

Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
Will I succeed in this case?

yes!

Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
If not can he file case for defamation against me?

every person has the right for legal remedy!

PALNITKAR V.V. (Expert) 29 April 2011
Sarvesh Sharma is very meticulous ! He avoids confusion by dividing the query in separate questions and separate answers

R.Ramachandran (Expert) 29 April 2011
Dear Mr. Palnitkar,
I completely agree with you. He ensures that each part of the query is separately answered, so that the querist gets a very clear and unambiguous answer.
Some one had sent me a PM (Private Message) criticising and complaining against Mr. Sarvesh that he is doing this just to increase his points. I totally ignored the PM, because, I know nobody in this Forum is concerned or bothered about any points, but only interested in answering the queries to the best of their abilities.

Advocate. Arunagiri (Expert) 29 April 2011
I agree with Mr.Ramachandran's views.

M/s. Y-not legal services (Expert) 30 April 2011
if you throw any allegation against any one mean you only have to prove it.. in this circumstances if you failed mean they can charge against you sir..

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