Legal Question in Criminal Law in India

Dear Learned Counsels,

I already have a running Crl.Petition 482 of the code of criminal procedure in High court. I am in very much need of amending the petition to add additional grounds and also make little changes in the existing petition.

Petition is still in "Pending for Admission" stage and my wife has received my petition.

Could anyone please tell me

1) Under which section of Cr.P.C, I can amend the existing 482 petition to add additional new grounds ?

2) I feel there must be a method/procedure to add additional grounds for quashing the FIR, I somehow feel by filing Interim Application I can acheive amendmend, is there any other way apart from Interim application for amendment..?

I am appearing party in person, please guide me.

Thank you so much in advance.

Regards,

Mallikarjun


Asked on 2/19/16, 1:49 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

First of all remember, in Criminal Case, pleading are not important. Strict rule of pleading as are applicable in Civil Cases are not applicable in Criminal Case. Plus a Petition, is mainly to give court the factual details of the case, and releif's sought. Grounds are supposed to be argued before the Court and not pleaded as such, except few legal aspect. A Petition is not a Written Argument.

So dont unnecessary make it bulky or technical. Many time party in person tries to be over zealous about their case and adopt technicalities and make blunders. SO keep it simply.

However, if you have missed anything in Facts, that is to say some incident or event, then yes, you need to amend the Petition and bring those facts on record. Also, instead of amending, you can introduce new facts or missed out fact by way of filing an Additional Affidavit.

There is no provisions in the Entire Cr.P.C. which provides for Amendment, except the inherent powers of the court to pass appropriate orders.

SO PLEASE DO NOT BE TECHNICAL. NO NEED TO AMEND THE PETITION FOR THE GROUNDS, YOU CAN ARGUE YOUR GROUND IN THE COURT, WITHOUT HAVING IT PLEADED IN PETITION. ONLY NECESSITY IS THAT THE GROUND WHICH YOU WANT TO ARGUE MUST HAVE FACTUAL BASIS PRESENT IN THE PETITION.

Feel free to contact should you have any questions. '

Vivek N Mapara

www.vnmlaws.com

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Answered on 2/19/16, 3:59 am


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