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Khalid Khan   05 July 2017

Alteration of criminal complaint is it possible

Friends I have filed a criminal complaint u/s 156 (3) I had appeared as party in person, and done arguments, after which Magistrate said that offence is made out , but I have not quotes proper sections in IPC under which offence is made out, magistrate told me to come in next hearing I am confused my question CAN I MODIFY/ ALTER my complaint or Should i do fresh filing and withdraw the existing complaint


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 2 Replies

Ms.Usha Kapoor (CEO)     05 July 2017

You can alter the criminal complaint and correct  errors  and omissions before it is dismissed by court.Even if it is dismissed on account of errors and omissions no need to worry.. You can file  a fresh criminal complaint on the same  grounds Or you can withdraw  the  complaint wherein  errors and omissions are there and  file fresh  complaint.  Since  this is a private complaint drafted by you and you want  to appear as party in person you can make   the alterations yourself. Otherwise Public prosecutor would've done the same.                  Please read below:

Mistake in Criminal Complaint

When a law enforcement officer writes a criminal complaint or charging document, the officer must sign the document under oath, attesting to the truthfulness of the contents. State and local law direct what information a complaint or charging document must contain. If the complaint does not comport with state or local law because of a significant error or omission, the prosecutor cannot simply edit the document by hand and submit it to the court. The officer who wrote and signed the complaint, under oath, must make those changes. If the officer retires or leaves his job before the error is discovered or is unavailable for some other reason and no other officer was involved in the case, the prosecutor may have to dismiss the complaint.

Dr J C Vashista (Advocate)     06 July 2017

Criminal complaint can not be altered, modified or amended, since there is no provision in Criminal jurisprudence to that effect.

You may withdraw and file afresh seeking help of a local lawyer for your own interest.


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