Amending a Criminal Petition (w.r.t Cr.P.C 482)

[Mallikarjun Aradhya]

Dear Ashok Dhamija Sir,

I am facing false criminal charges on me, FIR registered already and I have moved to Court with 482 petition. Honorable court stayed further investigation and directed Respondent No.2 to reply to my Petition.

Now, I need to amend the petition to show the falsity of the complaint filed by Respondent No. 2 and also add additional grounds.

1) Under which rule of Cr.P.C/CPC can I amend my petition ?

2) What is the procedure that is followed, when we want to amend a criminal petition (I shall seek leave of the court first to amend it) after seeking leave of the Honorable court ?

Regards,
Mallikarjun

[Dr. Ashok Dhamija]

Usually, in such matters under the Cr.P.C., an oral permission is first taken from the court seeking to amend the petition. If the reasons given for amendment are genuine, the court may generally permit the amendment. So, it may be advisable first to take the court’s permission.

If you first file an application seeking permission to amend the petition, that may also be considered generally by the court. Cr.P.C. does not appear to be having specific provisions for amendments to a petition under Section 482 Cr.P.C. However, it is possible that the rules made by the high court concerned may perhaps contain such provisions.      

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Mallikarjun Aradhya]

Thank you Ashok Ji.

I have read Latest Karnataka High Court Rules. there is a chapter where we can amend our petition (It doesn’t specifically say Cr.p.c 482 petition as you have advised).

I have pasted some extracts from the High Court of Karnataka Rules
CHAPTER – IV
Officers of the Court
1. In addition to the powers and authorities conferred by these and other Rules, the Registrar shall have and exercise the following powers subject to any general or special order made by the Chief Justice:-

1)
2)
3) To require any such appeal, petition, application or other proceeding to be amended and return the same to the party presenting the same or to his Advocate, to be re-presented after removal of defects pointed out or in compliance with the requisition made.
4)
5)

Am I correct, with regards to the extract from High Court of Karnataka..?

Please guide me Ashok Ji.

[Author]

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