Published on: 09 July 2023 at 11:59 IST
Court: Supreme Court of India
Citation: S.R. Sukumar v. S. Sunaad Raghuram (2015)
Honourable Supreme Court of India has held that a Criminal Court can entertain an application for amendments for curable legal infirmity. It is held by the Apex Court that application for amendment cannot be accepted by the Criminal Courts if there is likelihood of prejudice to the other side.
19. What is discernible from U.P. Pollution Control Board case is that an easily curable legal infirmity could be cured by means of a formal application for amendment. If the amendment sought to be made relates to a simple infirmity which is curable by means of a formal amendment and by allowing such amendment, no prejudice could be caused to the other side, notwithstanding the fact that there is no enabling provision in the Code for entertaining such amendment, the court may permit such an amendment to be made. On the contrary, if the amendment sought to be made in the complaint does not relate either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the court shall not allow such amendment in the complaint.
Drafted By Abhijit Mishra
