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please help

Querist : Anonymous (Querist) 05 June 2011 This query is : Resolved 
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.

Arvind Singh Chauhan (Expert) 05 June 2011
Yes he can initiate. Jurisdiction is at place where the incident happened.
PALNITKAR V.V. (Expert) 06 June 2011
Filing of FIR u/s 498A per se does not amount to giving of threat as contemplated by Sec. 506. But if threats are given on the basis or as a result of filing of that FIR, then you can initiate proceeding as advised by Shri. Arvind.
Sarvesh Kumar Sharma Advocate (Expert) 09 June 2011
agree with palnitkar sir!


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