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victim (master)     24 April 2013

Where to file dp3 against fil

Members,

 

My father in law accepted giving dowry to me before marriage in a lawyer notice sent to me.

this makes him also eligible for punishment of giving dowry and i want to report this to his department for necessary imediate action. He is a railway commercial cleark posted at chandrapur railway station. please guide me in locating concerned higher authorities where i can complain against him.

 

regards



Learning

 4 Replies

Adv k . mahesh (advocate)     24 April 2013

if father in law agreed paying dowry means you demanded the amount and accepting the dowry is also punishable in the eye of law 

Shekhar (Proprietor)     24 April 2013

If you want to file a case against FIL under DP3, walk into the police station and file a FIR under DP3. But note that it may boomrang leading to demand of dowry and you will also be liable for prosecution under 498A, DP3 OR DP4

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 April 2013

Dear Querist

 

7. Cognisance of offences.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974),-

no Court inferior to that of a Metropolitan magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;

no Court shall take cognizance of an offence under this Act except upon –

(i) its own knowledge or a police report of the facts which constitute such offence, or

(ii) a complaint by the person aggrieved by offence or a parent or other relative of such person, or by any recognized welfare institution or organization:

it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorized by this Act on any person convicted of any offence under this Act.

Explanation.- For the purposes of this sub-section, "recognised welfare institution or organization" means a social welfare institution or organization recognized in this behalf by the Central or State Government.

(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2of 1974), shall apply to any offence punishable under this Act.)

Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.


Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 April 2013

 

(3)Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]

COMMENTS

(i) The point of time at which the legality of cognizance is to be judged is the time when cognizance is actually taken; M.L. Sethi v. R.P. Kapur, AIR 1967 SC 528.

 (ii) The expression ‘to take cognizance’ has not been defined in this Act nor in the Criminal Procedure Code The word ‘Cognizance’ is however, used in the Code to indicate the point when the Magistrate takes judicial notice of an offence. It is a word of indefinite import and is perhaps not always used in exactly the same sense; Darshan Singh v. State of Maharashtra, AIR 1971 SC 2372.

(iii) Taking cognizance is a judicial action taken with a view eventually to prosecution and preliminary to the commencement of the inquiry or trail; Food Inspector v. Laxmi Narayan, 1969 Cut LT 863.

(iv) If a Magistrate has no jurisdiction to try an offence, he is not barred from taking cognizance of the offence; Jaddu v. State, AIR 1952 All 873.


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