Will police investigation be done in sec 494 ?

This query is : Resolved 
 

(Querist)
14 December 2018

Hello Sir,
My husband has performed illegal marriage then I filed complaint under IPC sec 494 where I had some proofs of marriage but those were not certified copies.
Then the Hon'ble court has ordered Police to make the investigation under sec 202.
But now, I have received certified copies of Marriage Registration Certificate of my husband which is attested "Under RTI Act 2005".
In this condition, if I submit the certified copies into the court then my complaint will get registered directly or still the investigation will be done completely.

Thanks in advance...


Kavitha SG (Querist)
14 December 2018

Hello Experts,
Please reply...

Adv Shailendra Deshpande (Expert)
15 December 2018

Police will make investigation as it is ordered by Court. The copy even though received under RTI can be used as Documentary Evidence when the case stands.

Dr J C VashistaOnline (Expert)
16 December 2018

You have filed complaint u/s 200 Cr. PC through your lawyer, for taking cognizance u/s 494 IPC against your husband, as can be presumed from the statement made in the query. The police has no role to investigate since it is a private complaint do not involve law and order.
Whether magistrate has directed local police for investigation ?
What is the opinion of your lawyer ?

Kavitha SG (Querist)
18 December 2018

Hello Sir,
The Hon'ble court has ordered Police for investigation under sec 202.
If I will submit the certified copies of the proof then Police will investigate or not.
Thank you.

M V GuptaOnline (Expert)
22 December 2018

Police will have to investigate the complaint as the court has directed. You may produce the certified copy of marriage registration certificate before the Police which they are bound to take on record. Please take xerox copies of documents which you are furnishing to the police during their invesigation. It will be better if the police investigate the complaint as they will record statements of your husband and his second wife and yours etc which will be of great use in proving the guilt of your husband.

Martin S. (Expert)
22 December 2018

Barring the technicalities what is the actual problem at hand??

Kavitha SG (Querist)
01 April 2019

Hello Sir,
Police has completed the investigation and submitted the report u/s 202 crpc but they have not submitted the recorded statements of the complainant and all the accused.
Is it mandatory to have recorded statements into the court?

Nadeem QureshiOnline (Expert)
15 March 2020

Dear Querist
this case is a private complaint case and you may file those documents before the trial court and because the police have already submit the report of investigation then you may argue the matter along with all the relevant facts, then the court may issue process against him under section 204 of Cr.P.C.

Feel Free to Call

Raj Kumar MakkadOnline (Expert)
15 March 2020

In the proceeding conducted under section 202 of Criminal Procedure Code, it is not mandatory for the police to submit the statements of the persons with whom it conducted investigation or say joined investigation so complainant has not legal right to have those statement, however, the trial court can definitely demand the said statements from the concerned police officials sue-moto or on the application of the complainant.



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