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Section 379 filed with 498a and 323 and 3&4 of dowery now can file 406 separely

(Querist) 09 November 2012 This query is : Resolved 
Dear Friends,

kindly advice that wife has filed case 498a with 379 for punishable for theft now i want to know that wife can file case seperately under section 406.

further, kindly suggest that, wife has not mentioned in the case that husband or relative of husband has theft her articles of any. she did not mention specifically about any artilce theft by whom of the accused as accused in case is six persons.

only things mentioned in the case that her father has given such and such gold and silver as a gift to her.

kindly suggest that : wife can file seperate case u/s 406 as she already filed 379 and i seem that 406 and 379 are same section.

can the above case may be quashed as no specific alegation is made in FIR to the accused.

kindly advice.
adv. rajeev ( rajoo ) (Expert) 09 November 2012
She can file, but cause of action is must. If offence is committed on the same day when other offences are committed and already complaint filed. Why she kept quiet? this question arises.


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