Discharge in case of two police complaints
Ranganath
(Querist) 04 October 2009
This query is : Resolved
Ld counsels,
Chargesheet has been filed alleging offenses u/s 420 and 417. Cognizance taken and summons issued. Accused filed discharge. In this case there is already a complaint alleging dowry demand but no FIR was registered based on this.
1. Process is issued based on second complaint. Is the court right in taking cognizance of the chargesheet arising out of second complaint without considering the final report of the first complaint. Though it is mentioned in teh second complaint that there is a previous complaint prior to this one. magistrate issued process with out reading the FIR.
2. Will discharge be dismissed citing that there are allegations of dowry demand and there is a possibility of framing charges though prima facie offenses u/s 420,417 is not established.
3. Will discharge be possible when the complainant is found to be lying on the face of the record which amounts to fraud on court.
Please clarify
Thanks
adv. rajeev ( rajoo )
(Expert) 05 October 2009
420, 417 and complaint alleging dowry demand are entire different proceedings and different offences. So because of allegation of dowry demand is not the ground to dismiss discharge application.
Raj Kumar Makkad
(Expert) 06 October 2009
In the given circumstances, the court has rightly issued the notice and there is no ground to discharge the accused only on the basis that another complaint is also pending. Both the matters are different hence can be tried simultaneously.
