No charge framed for cheating
Amit Minocha
(Querist) 18 May 2012
This query is : Resolved
a marriage was solemonnized by misrepresentation by the groom. Girl also harassed for dowry after marriage. Later on truth came forward. Immediately Petition for Annulment of marriage filed in Court . Police complaint also made. Police register case only u/s 406/498A despite giving proof of misrepresentation before marriage. Charge sheet also mentions charge of 406/498A/34 only while police complaint mentioned about cheating as well along with proofs thereof. Argument on charge now due.
what is the options available now with the victim as police didnot investigate from cheating angle and simple dowry harassment case made out.
Can Court frame addnl charge on its own ? Or the victim needs to move any application for the same before the Concerned Court? if yes, under what provisions ?
Kindly guide,
Thanks in advance and Regards,
Adv.R.P.Chugh
(Expert) 18 May 2012
Dear Querist,
The Magistrate has unfettered powers to take cognizance even with respect to offences not mentioned in the chargesheet - if they otherwise come out manifestly from the FIR and other materials. After the police chargesheets them, file a protest petition with respect to offences u/s 420 etc.
If that fails to reap the results you can file also file 173(8) for further investigation keeping in view the cheating angle.
If you don't get relief file a separate complaint case or 156(3) before magistrate.
PARTHA P BORBORA
(Expert) 18 May 2012
In my opinion false representation in a marriage is a civil dispute and you should seek civil remady for that. To constitute an offence of cheating by personation the accused must identifies himself as someone else hiding his actual personal identity and thereby cheats someone.
Shonee Kapoor
(Expert) 18 May 2012
I agree with all expert opinions.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 May 2012
Application for further investigation is only remedy.
SC is now hearing arguments regarding powers of the JMFC to take cognisance or frame charges beyond police report. Wait for final judgement which may come on month end.
SAINATH DEVALLA
(Expert) 19 May 2012
False representation at the time of marriage supressing vital facts is not civil but a criminal offence either by the groom or the bride.Supporting Mr.Chugh's views I feel that additional charges can be included.
