Is it permisiable :case u/s 365ipc, 366ipc case convert to 494 ipc
B Pradhan Singha
(Querist) 11 April 2013
This query is : Resolved
Dear experts,
I have a case U/S 365,366,506 IPC against my in-laws.
But my wife given false statement against me.
In my original petition U/S 156(3) Crpc, my wife was victims and witness.
Case is till under investigation.
Now, I want to proceeds a case of bigamy U/S 494 IPC.
So, May i appeal to the court to treat my
wife as a accused and direct to move the case of bigamy along with other original section in the same FIR?
If so, to whom i have to apply, i.e, to the court or to the I/O?
Please reply.
Devajyoti Barman
(Expert) 11 April 2013
Since her name was there as witness , you can not prosecute her in the case.
R.K Nanda
(Expert) 11 April 2013
agree with experts.
Raj Kumar Makkad
(Expert) 11 April 2013
You cannot do so either any provision so you are required to file a separate case for that purpose but if the contents of the FIR or evidence do establish the commission of such offence then she can be prayed to be impleaded as an accused under section 219 of criminal procedure code..
