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2015 (7) TMI 1260 - SC - Indian LawsAmendment in a criminal complaint - the amendment was made prior to taking cognizance of the offence - Held that: - it is true that there is no specific provision in the Code to amend either a complaint or a petition filed under the provisions of the Code, but the Courts have held that the petitions seeking such amendment to correct curable infirmities can be allowed even in respect of complaints - In U.P. Pollution Control Board vs. Modi Distillery And Ors., [1987 (8) TMI 449 - SUPREME COURT], wherein the name of the company was wrongly mentioned in the complaint that is, instead of Modi Industries Ltd. the name of the company was mentioned as Modi Distillery and the name was sought to be amended. In the instant case, the amendment application was filed on 24.05.2007 to carry out the amendment by adding paras 11(a) and 11 (b). Though, the proposed amendment was not a formal amendment, but a substantial one, the Magistrate allowed the amendment application mainly on the ground that no cognizance was taken of the complaint before the disposal of amendment application. Appeal dismissed - decided against appellant.
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