Yogesh Vashisth vs State of Uttarakhand and Others Mishra

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioner has challenged order dated 22.09.2011, passed by Civil Judge Junior Division/ Judicial Magistrate, Hardwar, in Criminal Complaint Case No. 124 of 2011, Yogesh Vashisth v. Ram Kumar and others.

Brief facts of the case are that, the petitioner who is complainant filed Criminal Complaint case No. 124 of 2011, and during the proceedings of the case, a clerical error was found in the complaint that instead of name of father of the accused, name of grand father of the accused was shown as that of his father. An application appears to have been moved before the trial court for making correction in the criminal complaint. The trial court rejected the said application on the ground that unlike CPC there is no provision to make correction in the pleading, under Cr.P.C. The revisional court dismissed the revision as the order passed by the Magistrate was an interlocutory order.

However, this court in its jurisdiction u/s 482 of Cr.P.C., has inherent jurisdiction to pass any order to secure the ends of justice. Therefore, in the above circumstances of the case, this petition u/s 482 of Cr.P.C., is summarily disposed of with the observation that the present petitioner (complainant) is allowed to make correction in the criminal complaint before the trial court relating to the parentage of the accused named in the criminal complaint.