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challan under section 420/406 IPC

(Querist) 09 January 2011 This query is : Resolved 
R/Experts
is it permissible to file a challan under sections 420/406 IPC against a single accused.In this case allegation are of cheating only,there is nothing regarding breach of trust.
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Raj Kumar Makkad (Expert) 09 January 2011
If breach of trust is not the subject matter or the allegations against the accused then 406 IPC is not attracted.
Amit Minocha (Expert) 10 January 2011
402 v/s 406 are contradictory sections to each other and both cannot survive together and one of them has to go.
Advocate. Arunagiri (Expert) 11 January 2011
YEs, a single cause of action can not attract 420 and 406. Both are contradictory.

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