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creeksandy (Researcher)     23 December 2013

How to handle threat calls

Dear All,

I am an NRI and fighting a false 498a case around for an year now. I belong to a simple middle class family with no political/police connections like many of us here.

Since a fortnight I and my family members are receiving threatening calls from the a goon who calls himself a mediator who belongs to my in-laws camp.

I have call logs and also my sister received a message with threat and other crass language forcing us to settle the case without the legal involvement.

We called our lawyer and he told us to file a complaint with the police.

I want your expert opinion on

1) will filing the police complaint work? is a text  message with abusive language and threat an acceptable form of evidence to file a criminal intimidation case? (on the same day i and my sister received four calls each from same number and the man threatened us and used very offensive language, then when my sister stopped taking the call he texted her)

2)I or my family do not have any political/police connections, under such circumstances is it worth fighting my bloodsucking in-laws?

3)any suggestions on how to go from here? (in general considering the police apathy for a male victims will they help me) should i be afraid? I dont live in country so i am not scared for myself but I cannot put my family members at risk, what do i do?

4)is there a way where we can let the judge know about our predicament? my father travel around 100 miles to attend the case on my behalf every month i am very afraid about his safety on that day, so is there a possibility if we can transfer the case to a place where my in-laws cannot use their connections?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 December 2013

Creeksandy, being an NRI you cannot claim exemption or immunity from being attacked by a lethal weapon called 498a by your spouse or an attack she commits at the instigation of her parents.  This is one of the best weapons/strategies  the married women make use of against their innocent and frail spouses and their close relatives consisting parents, sisters, brothers, they claim honor to do such things  in the names of equal rights for women, women' lib, protection of their rights etc., but the ego hunger women of this nature are actually ruining their lives without knowing what they are doing especially in the name of such false complaints, this has become an order of the day for such ignorant women who have scant respect towards the married life, to the culture, to the society they live in, sheer misguidance in many forms by vested interests. Now let us come to your questions:

1) will filing the police complaint work? is a text  message with abusive language and threat an acceptable form of evidence to file a criminal intimidation case? (on the same day i and my sister received four calls each from same number and the man threatened us and used very offensive language, then when my sister stopped taking the call he texted her)

A complaint with the police (Cyber wing) with the hard copy of the details of the phone calls and sms  will certainly produce some desired results.

2)I or my family do not have any political/police connections, under such circumstances is it worth fighting my bloodsucking in-laws?

You have no choice than to fight them lest you will be into more troubles, law is equal to all, you do not have to have any political or other influences, you can do them on the basis of your own case merits.

3)any suggestions on how to go from here? (in general considering the police apathy for a male victims will they help me) should i be afraid? I dont live in country so i am not scared for myself but I cannot put my family members at risk, what do i do?

Even if you do not reside in India, there can be a case pending against you here, at least for the sake of your parents you have to arrange to contest and fight back all the false cases, be in touch with your lawyer.

4)is there a way where we can let the judge know about our predicament? my father travel around 100 miles to attend the case on my behalf every month i am very afraid about his safety on that day, so is there a possibility if we can transfer the case to a place where my in-laws cannot use their connections?

Under such criminal cases, a transfer to a court near your home has remote chances, ask your lawyer to file a transfer petition on the grounds of your father's health condition or ask him to file a petition u/s 205 Cr.P.C to dispense with his personal appearance before the court on the same health grounds.

creeksandy (Researcher)     24 December 2013

Dear Sir, I am very thankful to your reply, and your suggestions. I and my family members are honestly fighting the legal battle, and i have several pieces of evidence to disprove her allegations. If allowed for a fair trial i know that i would win. But only thing is i am or my family members are not built to handle harrassment and threats, we are trying to do everything we could. My in-laws realizing that they have no way of winning the case, are resorting to illegal means to make us settle. any suggestions would be appreciated. Thanks

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