Sayan Mukherjee (Student) 09 December 2014

Help me to avoid 498 & 498a ?

Dear sir ,

we , my family members are assuming that my one of my aunt who is a widow , planning to complaint false 498/498a against one of my uncle , the main problem is about property land . But instead of that she is planning to complaint in police against my uncle . she is taking it asa fight and threatend my uncle that she will sent him to the jail .

So , help me , how can we progress to restrict this false activity against my uncle ?

Regards,

- Sayan Mukherjee

Mob No. -8981213411 .

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4 Replies

K.K.Ganguly (Advocate) 10 December 2014

1. More details are required for answering your query properly,

2. However, after a complaint u/s498/498A is lodged by your widow Aunty and FIR is filed by the police, you shall have to collect the FIR No. and then apply for anticipatory bail for the accused,

3. Keep good rapport with your local police station to get the information of the said FIR, if any,

4. Your Uncle may also lodge a police complaint against the said threat of your Aunty.

Sayan Mukherjee (Student) 11 December 2014

dear sir , K.K.Ganguly

in which section of ipc should we complaint against the said threat of my aunty in police ?

K.K.Ganguly (Advocate) 11 December 2014

1. You do not have to cite sections of IPC while lodging police complaint, 2. Just lodge a police complaint agsinst her said threats of lodging false complaint against your uncle to black mail him and all others of the family, 3. Before that it will be prudent on your part to collect audio/video recording of her such threats, 4. Your Uncle can send the complaint letter by speedpost under copy to local SP. After this he can file an application u/s456(3) of Cr.P.C. praying for direction upon the police to investigate and act based on the complaint of your uncle, 5. This way your uncle can preempt the move of your Aunty & can insulate himself to some extent against any complaint case to be filed by yiour aunty in future, if any.

T. Kalaiselvan, Advocate (Advocate) 14 December 2014

If you feel that your aunty is threatening and black mailing you, better to put everything in writing and lodge a complaint against her in the local police station, they will take care of the sections and other issue of law.