Case Note & Summary
The applicants (Vijay Jawaharlal Darda, Nirmal Khushalchand Darda, Suresh Janardhan Dwadashiwar, Rajendra Jawaharlal Darda, and Kishore Sureshchandra Darda) filed a criminal application under Section 482 CrPC before the Bombay High Court, Nagpur Bench, seeking quashing of the judgment dated 22 October 2008 passed by the Additional Sessions Judge, Yavatmal in Criminal Revision No.35 of 2008, and the orders dated 18 August 2007 and 28 August 2007 passed by the Judicial Magistrate First Class, Court No.6, Yavatmal in Criminal Complaint No.2423 of 2006. The original complaint was filed by respondent No.2, Arun Vinayak Wanzal, against respondent No.3, Ashok Thakare, for the offence of defamation under Section 500 IPC on 8 June 2006. The complainant alleged that respondent No.3 was responsible for publishing defamatory news against him. The Magistrate recorded the complainant's statement on oath on 4 August 2006 and issued summons against respondent No.3 on 7 September 2006. On 13 August 2007, respondent No.3 filed an application for amendment of the complaint, proposing extensive changes to paragraph 9, including adding the names of the five applicants as accused and describing their roles. The Magistrate allowed the amendment by a cryptic order stating 'Peruse the application and say. Heard both the sides. As in interest of justice proposed amendment in the complaint is allowed.' The applicants challenged this order before the Sessions Court, which dismissed their revision. The High Court held that the Magistrate's order was passed without application of mind, as it did not record any reasons for allowing the amendment or consider the necessity of adding new accused. The court noted that the amendment was extensive and changed the nature of the complaint. The High Court quashed the orders of the Magistrate and the Sessions Judge, allowing the application.
Headnote
A) Criminal Procedure Code - Amendment of Complaint - Addition of Accused - Section 319 CrPC - The Magistrate allowed amendment of complaint to add new accused without recording any reasons or applying mind to the necessity of such addition - Held that the order was cryptic and passed mechanically, warranting quashing (Paras 3-5). B) Criminal Law - Defamation - Indian Penal Code, 1860, Section 500 - Complaint for defamation originally filed against one person, later sought to implicate five others as accused through amendment - The amendment was extensive and changed the nature of allegations - Held that such amendment without proper inquiry is impermissible (Paras 2-4).
Issue of Consideration
Whether the Magistrate's order allowing amendment of complaint to add new accused without proper application of mind and without following procedure under Section 319 CrPC is sustainable.
Final Decision
The High Court allowed the criminal application, quashing the judgment of the Additional Sessions Judge dated 22 October 2008 and the orders of the Magistrate dated 18 August 2007 and 28 August 2007.
Law Points
- Criminal Procedure Code
- 1973
- Section 319
- Indian Penal Code
- 1860
- Section 500
- Defamation
- Amendment of complaint
- Addition of accused
- Application of mind
- Quashing of criminal proceedings
