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extortion of money

(Querist) 21 September 2008 This query is : Resolved 
my wife has complained to police vs me &my mother in may 07.police told her to compromise as her charges are minor.on this she given her demands in writing like i should handover my entire salary to her every month. i should live separate from my parents. etc. i have collected that paper from police through RTI.& not accepted the the demands.in july 07she called me on my office landline & asked me to pay rs 50 lakcs & divorce paper.
in nov 07 me & my mother arrested by dadar police under 498a,420 &34.released on bail after two days.
in april 08. i wrote to DCP requesting to get the transcript of conversation from mobile service provider (in which she has asked me for Rs.50 laks in july07).but there is no reply till date.
chargesheet is file in may08 & next date is in oct08.
i had prepared to write once again to DCP in regard to transcript as well a complain of extortion of money by my wife.
Despite this if they dont take any action i will put a private complaine to magistarte for extortion of money.
How viable is my step.will it help me?

Pl help.
Adv.Shine Thomas (Expert) 21 September 2008
The proposed attempt of extortion case will not help you.Please try to settle the case or fase the trial. You dont worry about a case written above as because 498A case coupled with 420 and 34 is not easy to prove if you have a good lawyer. Proceed the case.
madhukar (Querist) 21 September 2008
Dear sir,
can you have a good laywer reference in mumbai at Bhoiwada court Dadar.pl help
G. ARAVINTHAN (Expert) 22 September 2008
You can very well get a lawyer by visiting the advocates directory in our site too
K.C.Suresh (Expert) 22 September 2008
July 7th conversation aloine is your evidence for the extortion. But what is extortion my friend. It has another angle. S.383 is the section for Extortion. There must be fear of injury in the act. He must be put in fear to deliver any property to any body or to himself. So Madhkar, you may go through the section or if you are not a lawyer ask to any Advocate in your area to get opinion about Extortion in Indian Penal Code.


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