Can a complaint filed under Crpc 498 be amended? My wife (residing and working in Mumbai) filed 498a case from her hometown (Kanpur) but since there was no cause of action related to Kanpur, the magistrate asks her to explain as to how Kanpur is the jurisdiction and made a note of this in writing. At this, she withdrew the complaint stating that she does not want to go ahead with the case. Later after one month, she re-filed 498a and this time she changed the statements in her 498a complaint and stated "cause of action" of Kanpur so as to make Kanpur as the jurisdiction. I have read that "amendment to cure defect and lacuna in crpc cannot be allowed". My query to the LCI experts are (1) Is there any judgment/citation which clarifies that statement made in a criminal case/498a cannot be amended if it changes the nature of the complaint or is done to fill in the lacuna. Thanks
