You can file a private criminal complaint case for the act of impersonation before the competent Magistrate court.
As regards the FIR / charge sheet filed in the matrimonial case on the basis of order given by an authority by impersonation, generally such FIR / charge sheet would be decided on its own facts. The SHO himself has the power to register FIR and he may not need SSP’s order for that purpose. Also see section 465 of Cr.P.C., for example:
“465. Finding or sentence when reversible by reason of error, omission or irregularity.— (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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