Legal Question in Criminal Law in India

Where to file criminal case?

Dear Sir/Madam,

I live in USA. In India my parents are living in Coimbatore. My paternal uncle lives in Chennai. My uncle has sent a threat letter through registered post to me in USA, demanding Rs.25 lakhs failing which he says that he would kill my family in Coimbatore. Where should I file the police complaint and criminal case?

At coimbatore [where my parents are living] ??

or at Chennai [from where the actual threat letter was posted and also where my uncle lives] ??

Some advocates are saying that I need to file a case in Chennai. But my parents are very old and they cannot travel all the way to chennai to file a complaint. What is the proper way to take action on my uncle??


Asked on 6/18/07, 3:57 pm

6 Answers from Attorneys

Re: Where to file criminal case?

Since the threat is given to you at USA through letter you can file complaint at USA also.In order to safe guard your parents ask your parents to lodge a complaint at Coimbotore itself in their local police station.You or your parents are not required to travel to Chhenai to lodge complaint against your uncle.

I request you to take legal opinion/advise from competent lawyers only.

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Answered on 6/18/07, 10:06 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Where to file criminal case?

As a general rule, anybody can file a criminal complaint. This can be done by you from USA also.

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Answered on 6/18/07, 11:37 pm
Alok Sharma Alok Sharma & Associates

Re: Where to file criminal case?

technically speaking the complaint can be filed at two places, from where the threat originated or at a place where the threat was recieved. So, the complaint can be lodged at Chennai or at your end. I feel the complaint has to be filed by you since the threat was extended to you since your parents have no role to play except as your parents. They could be witnesses in your case.

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Answered on 6/19/07, 12:40 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Where to file criminal case?

your parents may file the complaint at coimbtore but i doubt it whether they can prove the threatenings. the letter was sent to you in u.s. and how can the same be read as an offence committed within the jurisdiction in india. it is a difficult case to prove but if the uncle sends any threatening letter to your parents, then surely they can file a case against him.

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Answered on 6/19/07, 5:02 am
G. M. Gupta gmguptaandassociates

Re: Where to file criminal case?

you can file complaint at coimbatore because threat has been given there. case is registered where the cause of action has taken place and the cause of action is the place where ur parents recieved threats

and file a complaint with the indian embassy also at USA.

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Answered on 6/20/07, 9:41 am
Vivek Mapara Mapara Law Firm

Re: Where to file criminal case?

It would be difficult to exactly say if complaint would be maintainable in coimbatore.

But still you may take chance to file the complaint in coimbatore since the offence that is threated to be committed would be in coimbatore.

Yuo may also file complaint in USA.

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Answered on 6/19/07, 9:16 am


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