Can complaint filed by the complainant amended or changed at later stage?
CrPC Does Not Bar Amendment Of Complaint, Court May Allow Such Request If No Prejudice Is Caused To Other Side: Madhya Pradesh High Court
The High Court of Madhya Pradesh recently held that the Complainant in a case under the Negotiable Instruments Act can amend/modify his complaint. Regarding the stage and the extent to which such modifications can be allowed, the Court opined that a simple infirmity, not causing any prejudice to the accused may be allowed at any stage.
Bench held that: It is undisputed that there is no specific provision in the Code of Criminal Procedure dealing with the amendment of the complainant. At the same time, there is also no bar under the Cr.P.C against permitting a complainant to amend his complaint.…in wake of above discussion, it is apparent that Courts below have not committed any error in passing the impugned orders as amendment sought to be made by complainant relates to mere curing a simple infirmity, which has resulted in no prejudice to the accused and same may be allowed by the Court at any stage of the proceedings as the same does not change the nature of the complaint and is mean to cure the curable defects.
Case Title: BHUPENDRA SINGH THAKUR VS. UMESH SAHU
Source: Live law