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Money extortion in the name of false case

(Querist) 03 May 2013 This query is : Resolved 

Dear Sir,

kindly suggest that, case under section 498a is filed by wife in veiw of extortion money from husbnad and also blacmailing in the name of children.

Police did not file chargesheet even after one year but filed diary in which mentioned some that laegation is false.

kindly suggest what to do as the police did not file charge sheet till now as the case is filed one year back. husband bail is in pending before session court in last 10 months. all other members of husbnad family got bail.

Nadeem Qureshi (Expert) 03 May 2013
There is no procedure to give any instruction for filing the chargesheet or time frame to file the chargesheet before court.
if they extort to husband then husband has right to file a criminal complaint against her/them u/s 383/384 of IPC

Feel Free to Call
R.K Nanda (Expert) 03 May 2013
agree with Nadeem.
Devajyoti Barman (Expert) 03 May 2013
It is really weird to know that your bail application is pending for 10 months which does not happen.
Do check with your advocate.
If you are not willing nobody can force you to part with money in any event whatsoever.
Raj Kumar Makkad (Expert) 03 May 2013
You can definitely move an application before the trial magistrate to direct police to complete their investigation and submit their report. When the police has reached to a conclusion that the allegations are false then Sessions Judge must have granted bail to you. This is nothing but an abuse of process. You can move to HC seeking directions for SJ to expedite his order on bail application.


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