CAW CELL DELHI | MenCell.Org Delhi: Chargesheet में गलत family member को 406? फिर क्या होगा?
“Complaint में किसी और का नाम था… लेकिन chargesheet में 406 किसी और पर?”
यह सिर्फ paperwork की छोटी गलती समझकर ignore करने वाली बात नहीं हो सकती.
A 7 August 2026 Delhi High Court judgment in XXXXXXXXXXX v. State of NCT of Delhi & Ors., CRL.M.C. 1781/2025, examined a matrimonial FIR arising from a CAW Cell complaint.
The FIR was registered as FIR No. 364/2019 at P.S. Dwarka South under Sections 498A/406/377/509/34 IPC.
The matrimonial dispute involved allegations relating to dowry, cruelty, jewellery/stridhan and other serious allegations.
But the Section 406 allegation had a very specific problem.
The Trial Court noticed that the allegation of entrustment of jewellery was actually directed against Madhu Chopra, while the chargesheet had been filed against Aditya Chopra for Section 406.
The Court also noted that the material did not clearly establish the necessary entrustment or dishonest misappropriation against the person charged under Section 406.
The accused persons were therefore discharged on that count.
And the matter did not end there.
The complainant challenged the discharge before the Sessions Court and then approached the Delhi High Court.
The High Court refused to interfere.
Why?
Because at the stage of framing of charge, the Court has to examine whether the material collected during investigation raises a prima facie case or grave suspicion.
But where the material does not disclose the basic ingredients of the particular offence, a person should not be forced into a criminal trial merely because his or her name appears somewhere in the matrimonial dispute.
यह point husbands और in-laws के लिए बहुत important है.
A CAW CELL DELHI complaint may contain allegations against several family members.
But the next question should be:
किस accused के खिलाफ कौन-सा allegation है?
Then:
उस allegation को support करने वाला material किसके against है?
And finally:
Chargesheet में वही person और वही offence correctly connected हैं या नहीं?
In this case, the Delhi High Court specifically noted the mismatch concerning Section 406 and the person against whom the entrustment allegation had actually been made.
This is why a husband or family member facing CAW Cell Delhi, CAW Cell Nanakpura, CAW Cell Seema Puri or another Crime (Women) Cell proceeding in Delhi NCR should not read the FIR and chargesheet casually.
नाम आ जाना और किसी specific offence के ingredients legally disclosed होना — अलग बातें हैं.
There is another important caution.
The Court did not say that every allegation in the case was false.
It examined whether the material collected during investigation satisfied the legal threshold required for the respective offences.
In fact, the High Court also explained that its jurisdiction under Section 528 BNSS is not meant to replace the findings of the Trial Court and Revisional Court with a fresh appreciation of evidence.
So the practical lesson is:
FIR पढ़िए.
Chargesheet पढ़िए.
Statements पढ़िए.
Documents देखिए.
फिर accused-by-accused analysis कीजिए.
Don't simply assume:
“पूरा family नामजद है, तो सबको same criminal liability होगी.”
That assumption can become extremely important once the case reaches the charge stage.
Through MenCell.Org, built over nearly two decades, I use judicial activism, RTI activism and other lawful methods to examine procedural problems and build a case strategy.
If your family has already received a CAW CELL DELHI complaint, FIR, chargesheet or court notice, don't wait until the trial has progressed substantially before examining what exactly has been alleged against each person.
Paid one-to-one consultation through Google Meet is available.
I also provide on-site visits to your home, office or another convenient location across Delhi & Delhi NCR.
Appointment booking and WhatsApp consultation:
MenCell.Org | Men Cell Delhi | Atur Chatur Counselling
WhatsApp: 9873540498 — message only to book an appointment.
घबराकर सबको एक ही जवाब देना आसान है.
लेकिन criminal case में कभी-कभी सबसे important सवाल होता है — allegation किसके खिलाफ है, और chargesheet ने किसे charge किया है?