Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 203 1973: s. 200- Examination of complainant- Object of - Held: Is to find out whether com 202 204 - Complaint -Amendment of- Cognizance of offence - >laint is justifiable or is vexatious. C ss. 200 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:s. 200- Examination of complainant- Object of - Held:Is to find out whether complaint is justifiable or is vexatious.ss. 200, 202, 203, 204 - Complaint -Amendment of-Cognizance of offence - In the instant case, complaint filedon 9.5.2007 - Statement of complainant recorded on 18.5.2007 and further recorded on 23.5.2007 - Next day,respondent-complainant filed an application seekingamendment to the complaint - Magistrate allowed theamendment and took cognizance of the offence and issuedprocess on 21.6.2007 - Grievance of appellant in petition for quashing summons was that Magistrate took cognizanceof offence for the first time on 18.5.2007 and on 24.5.2007allowed the amendment application and took cognizanceagain for the second time and thus cognizance was taken twice which was not permissible - High Court refused tointerfere with the order of Magistrate and dismissed thepetition - Propriety - Held: It is wrong to say that Magistratetook cognizance of offence even on 18. 5. 2007 when thestatement of complainant was recorded in part and even when Magistrate had not applied his judicial mind -Although thereis no specific provision in the Code to amend either acomplaint or a petition filed under the provisions of the Code,but the petitions seeking such amendment to correct curableinfirmities can be allowed even in respect of complaints - Ifthe amendment sought to be made relates to a simpleinfirmity which is curable by means of a formal amendmentand by allowing such amendment, no prejudice could becaused to the other side, the Court may permit such anamendment to be made - Magistrate allowed theamendment application mainly on the ground that nocognizance was taken of the complaint before the disposalof amendment application and no prejudice would havecaused to the appellant - High Court rightly refused toC interfere with the order of Magistrate.ss.200, 202, 203, 204 - Procedure to be followed byMagistrate for taking cognizance of offence - Discussed.Taking cognizance of offence - Held: Means themagistrate must have judicially applied the mind to thecontents of the complaint and indicates that magistrate takesjudicial notice of the offence |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 473 |
Petitioner | S.r. Sukumar |
Respondent | S. Sunaad Raghuram |
SCR | [2015] 9 S.C.R. 1105 |
Judgement Date | 2015-07-02 |
Case Number | 844 |
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