(Guest)

Guidance required

Dear All my Ld. Friends

I have filled a complaint u/s 406,409 & 420 of IPC against a private company (Accused No.1) & The Managing Director (Accused No.2). i have not mention the name of accused name on that time nor my client know the name of accused no.2. at that time Megistrate ask for the name of accused, we inform the court that we will provide the name of accused no.2 on the date of verification. On the date of verification we found that there is 4 director, one Additional Director & 3 Director, which confirm from registrat of companies website.

we, submitted the application for inclusion of name to all four director to be accused no. 2 to accused no5. the megistrate asked me to under what proviso you are amending the original complaint? why you have not incorporated the name of all directors in original complaint?

can any Ld. friend pls guide with with the related proviso & judgement thereof. Thank you all

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9 Replies

PARTHA P BORBORA (advocate) 13 September 2009

The magistrate is right. There is no such provision in India to amend a criminal complaint. So is not possible. the best way is to proceed with the case and at the time of examination of the Comp as P.W examine him such a way that he reasonably implicated the other persons with the case and if the magistrate convinced their involvement, he may summoned them as accused.

(Guest)

thank you sir ji

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 13 September 2009

There is no provision to include any accused in the present complaint. Better you withdraw your complaint with liberty to file fresh complaint including all those accused persons.

Anil Agrawal (Retired) 13 September 2009

Provision or no provision. I have a case where the magistrate has impleaded a person as an accused though his name was not in the original complaint. What are we talking about?

PARTHA P BORBORA (advocate) 14 September 2009

A MAGISTRATE HAS THE POWER TO SUMMON A PERSON NOT NAMED IN COMPLAINT PETITION OR IN THE CHARGE SHEET; IF IT APPEARS FROM THE EVIDENCE IN RECORD THAT SAID PERSON IS INVOLVED WITH THE ALLEGED OFFENCE AS PER THE PROVISION LAID DOWN BY SECTION 311 CR.P.C.