Complaint can be amended?
Para 18. What is discernible from the U.P. Pollution Control Board’s case is that easily curable legal infirmity could be cured by means of a formal application for amendment. If the amendment sought to be made relates to a simple infirmity
which is curable by means of a formal amendment and by allowing such amendment, no prejudice could be caused to the other side, notwithstanding the fact that there is no enabling provision in the Code for entertaining such amendment, the Court may permit such an amendment to be made. On the contrary, if the amendment sought to be made in the complaint does not relate either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint.
CrPC Sec. 202 (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions
Pravinsingh Somaji Makvana & 2
State of Gujarat & 1
Para 9.1 The correct course to be adopted by the Magistrate Court when a complaint for sessions triable offence is received by it – is – the concerned magistrate Court has to hold inquiry under Subsection (2) of Section 202 of Code of Criminal Procedure. It may be bear in mind that in the complaint filed before the Court for sessions triable offence, the magistrate Court cannot send the same to the police for inquiry.
At the end of inquiry, magistrate has to form an opinion. His opinion may led to either of these two alternate. One, in the opinion of the Magistrate no sufficient ground to proceed with the complaint is found, the magistrate may dismiss the complaint under Section 203 of the Code of Criminal Procedure and in the alternate to it, if the Magistrate is of the opinion that there is sufficient ground to proceed against the accused, then he may issue process to the accused under Section 204 of the Code of Criminal Procedure
It may also be bear in mind that in case the later option i.e. the Court passed the order to issue process – summons or warrant against the accused, the complainant is required to furnish the list of prosecution witnesses as required under Section 204 (2) of the Code of Criminal Procedure before issuance of process. Statutory Provision is simple and clear, it hardly leaves any room for error by the Magistrate, if little attention is paid by him.