• Death threats

My Sister has given Death Threats to kill my whole family on my wife's whatsapp on 30 march 2021. 

My wife filed a complaint with proofs to delhi police station to take action.

delhi police registered FIR under sections of non congnizable offence against my sister and given a copy to us on 24/04/2021

the investigation officer took our simple statement that we have received death threats and told us to write nothing else about the background or previous verbal threats or criminal habits of my sister and separately took my sisters statement which the investigation officer didnt revealed whats written in my sisters statement.

the investigation officer told us that he will forward the case to SDM and then he will take further action.

yesterday i received a showcause notice from SDM on the basis of report submitted by I.O to S.H.O dated 24/04/2021 as that my wife is threating my sister with dire consequences due to a property dispute and there are enough grounds as per SDM to order us to give surety of 5000 to maintain peace.

how does we become the culprits ??????

me & my wife has not spoken to my sister for more than six months or may be more, we neither pick their calls as it is not our nature to argue or give threats. my sister and her husband usually calls between 1am to 3am at night after getting drunk to have illogical arguments and they use abusive language so we think its better to not pick their calls. we have always told them 6 months back in a very polite way that if you are not satisfied with the solution then you are free to go to court and whatever be the decision of court we will abide the law. 

then how does we become culprits in the complaint filed by us of death threats and all the proofs are submitted and verified by police ????

now what, whats the legal advice ?
Asked 3 months ago in Criminal Law
Religion: Hindu

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8 Answers

The offence of criminal intimidation, giving threats to kill is non cognizable. Unless police receives order from Court of Magistrate they will not investigate properly and arrest the accused. You have to submit a private complaint in the /Court of Magistrate with all the proofs you have for necessary action. Court will order police to investigate, produce the accused before Court file charge sheet, after trial will send the accused to jail. Police can be managed but once they receive order from Court they have to act. You are advised to file a private complaint in the local Court.  

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

If you have received any notice from SDM in the manner what you have told now, you may better engage an advocate and visit the SDM's office and give your statement denying the allegations, let him conduct the proceedings as per law.

In the meantime, you may escalate your complaint given to the police to the senior police officer of the district seeking his intervention and direction to the concerned police to take proper legal action on the complaint given by you.

If you do not get a proper response from the top police officer too, then you may approach the judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the concerned police to take necessary action on your complaint or file a private criminal complaint under section 3200 cr.p.c.  praying the court to take cognizance of the offences committed by the accused and to punish them as per law.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Since police has only registered NC and not lodged FIR file private complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report 

 

you are not the culprits as you have not committed any offence 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. It seems that investigating officer has been bribed by your sister.

2. You can file a petition under Section 482 Cr.P.C. before the High Court to seek fair investigation into your FIR.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Sir

It may be normal process in matters of criminal nature as there can be cross allegations by the parties so don't worry about it but you should consult a lawyer of your choice and you can contact me also. you can find me on internet if you want to consult me.

Regards

gmguptaandassociates

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Dear Sir,

1. you can file an FIR before a senior police or approach judicial mag. seeking direction to the police to take necessary actions

2. You can file an appeal before the Dist. court and provide with all the evidence that favour your case.

2. you can also go before High court to Quash the Petition or also file under sec 482 seeking fair investigation. 

Thank You

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

Answer the show cause notice stating all the facts of the case and that you haven't contacted your sister. Give proof ie phone recordings etc. Which you have.

How did the police come to such a conclusion! You were the complainant. They have to give show cause to your sister.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

- Since there is compliant of threatening , and further there is also possibility that your sister has filed compliant against you as well, then the SDM bound all parties for maintaining peace . 

- Further, as I.O and SDM not lodging an FIR on that compliant filed by your wife , then she can file a compliant before the court under section 156(3) CrPc for lodging an FIR against sister . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

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