Illegal change of cause title of a pending private criminal complaint l
(Querist) 16 September 2016
This query is : Resolved
A private criminal complaint was filed in a metropolitan court in Mumbai in 2006 by a corporate body through its chairman with its own name as a complainant v/s somebody but in 2016,the said criminal court passed a order on the application of the said complainant to lead secondary evidence and changed the cause title of the order copy .Thus a corporate case has been turned into an individual case.
Since the new cause title of the said order is not in consonance with the said pending proceedings in said criminal court,it is not possible to challenge the said order in revision or in a writ before high court.
Meanwhile,a new Magistrate has taken over. What is the remedy ?
Raj Kumar Makkad
(Expert) 16 September 2016
It seems some typographic error on the part of court staff. There is no such requirement to file revision against such minor mistake which if brought to the knowledge of the court, can be corrected by itself. Cause title cannot be changed merely by leading secondary evidence.
Rajendra K Goyal
(Expert) 17 September 2016
Without knowing full case details / related documents / orders, nothing can be advised. Discuss with local lawyer.