TVD Rajkumar (Advocate) 12 December 2008
An Application was filed by a person, before CJM, against A, B, C alleging that they have given false evidence in a civil case pending in another court. Notice was issued to the parties and they have entered appearance through their counsel. Now he wants to amend the cause title by adding D, E as parties. Is this permissible?
With regards.
Rajesh Kumar (Advocate) 12 December 2008
Rather than trying to amend the earlier application, file fresh application against D & E, and get the matter tagged with this matter.
TVD Rajkumar (Advocate) 12 December 2008
Mr Rajesh, I am for the respondents and I am trying to stop this person from amending the cause title. The cause title standing as such does not show any offence by the present parties.
anonymus (confidential) 12 December 2008
new persons can be added as accused under sec 319 cr.p.c. and not by amendment. as far as sec 319 is concerned there are several authorities. pls refer:
1999 3 SCC(Crl) 470
KISHAN SINGH & Ors Vs STATE OF BIHAR
1998 SCC(Crl) 1554
RANJIT SINGH Vs STATE OF PUNJAB
Mohd. Shafi Vs. Mohd. Rafiq and another (2007 (58) ACC 254,
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 24 December 2008
Mr. Mehbub is absolutely right.
TVD Rajkumar (Advocate) 26 December 2008
Thankz for your timely responses.
The Appln states
Application for correction of head note of application under section 340 Cr. P.C
Pls note the court is yet to take cognizance and issue summons. Till date it is only Notice which has been issued
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