406 IPC after 498A
Guest
(Querist) 02 August 2010
This query is : Resolved
My wife filed sections 498A, 3/4 Dowry prohibition Act and sec 504 and 506 against me and family members. we took a arrest stay from UP High court. The initial complaint did not include the Sec 406 so our arrest stay does not include sec 406 but covers the sections that I stated above.
Now she has put another complaint in police station under section 406 relating to her streedhan recovery. I want to understand that since the whole case is under stay arrest will the additional charge under sec 406 that they are filing now result in our arrest. I feel that the stay order should cover the additional Sec 406 charge that they are filing now as the main case filed by them has arrest stay for us. Can the police do a search of our premises or make a arrest. I went to the police station where the initial (not for Sec 406) FIR has been filed by her and there the IO told me that my wife is filing another charge Sec -406. As the main case that is stayed will now adding another complaint give police rights to arrest.
I am in real problem over this issue please help with the answers. This relates to a case registered in UP.
Request learned members to give their opinion and help me with the steps we should take now. The chargesheet in the case has not yet been filed.
s.subramanian
(Expert) 02 August 2010
the complaint of the wife now pending with the police will have to be investigated along with the earlier complaint. since it relates to one and the same chain of events which is termed res gestae in law under the indian evidence act. thge police has to file a final report after completing investigation for all the offences. it cannot be truncated. if the police are particular to register another fir it will be abuse of process. you are free to approach the high court under sec.482 cr.p.c. alleging mailce against your wife and the police.
Guest
(Querist) 02 August 2010
thanks Mr Subramanian but one point I wanted to be answered If the stay arrest from high court covers all sections except sec 406 IPC since this was not charged in the initial FIR so can now the addition of this section invalidate my previous arresting stay...or can arrest be made in sec 406 as that stay order from high court did not have sec -406 included.
