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Dhanasekar (Advocate)     22 August 2013

498a/dv/125crpc/4 of dp

Dear Learned counsels,

At the time of arrest, police had registered the FIR with 498A/406 IPC. After 9 Months Police filed charge sheet with 498a, 294B and 4 of DP without any investigation. Actually all these allegation are false and just using wife's father's  influence in both money and political power to harass a family. 

change of Sec 406 by 294B and 4 of Dp Act would cause anything negative effect in the case?

Dhanasekar



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     22 August 2013

such query can be best answered only after seeing relevant papers


(Guest)

Dear querist,

 

There is no uncommon in your case, your situation is generic in India.

But it's not generic,

406  converted to 294b

 

If iam not wrong then,

Section 294(b) in The Indian Penal Code, 1860

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either descripttion for a term which may extend to three months, or with fine, or with both.]

 

in your case what's the meaning of above, have you done an offence u/s 294b?

in other hand it is good to you that your punishment reduced to only 3 months whereas;

 

Section 406 in The Indian Penal Code, 1860

406. Punishment for criminal breach of trust.-- Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

it's time for treat, given by your wife with discount in IPC section.


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