A house was illegaly grabbed by a tresspaser Mr. A in the absence of the true owner. When the owner returned he filed an FIR againts Mr. A and also had the electricity disconnected. After few weeks Mr. A (the tresspaser) while illegally occupying the house made his friend Mr. B pose as a tenant and filed a case in the House Controller Office (Sub-Divisional Magistrate) saying that the owner has discconnected the electricity connection to harrass Mr. B. Then Mr. A received notice on behalf of the owner by saying that he is the caretaker of the owner and supporting Mr. B claim in a rejoinder. On this the Sub-Divisional Magistrate passed an order directing the electricity connection to be retored.

Now the true owner came to know this fraud. What legal remedy he has to punish Mr. A and Mr. B for the fraud they have played. Is a complaint under Cr.PC 340 for perjury be filed or 420 case for forgery. Please advise.

Thank you.

Let him first file a civil suit for possession.  It is better.

Dear Querist,

This is a case of cheating by personation specifically made punishable in 417 IPC. Though the offence has been committed before the SDM(Executive Magistrate) - still there is no bar of S.195 and a Section 419 IPC complaint can be made directly before area magistrate. 

Do file the suit for possession.

Dear Mr Chugh,

Possession has been regained by the owner. Would IPC 420, 468, and 120B too apply in this circumstance of obtaining electricity connection by fraud ?