| Citation(s) |
| 2010 SLG 2646 2010 SLD 2646 2010 SCMR 194 |
Supreme Court of Pakistan
Civil Petition No.645 of 2009, decision dated: 8-05-2009
JAVED IQBAL, SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 413
ABDUL MUKTADAR and anothers
VS
.
DISTRICT AND SESSIONS JUDGE, JHANG and 2 others
(a) Words and phrases-------"Amendment" means addition, deletion, insertion or substitution. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 202 & 204---Penal Code (XLV of 1860), S.302---Qatl-e-Amd---Private complaint---Issuance of process by Court against accused persons after recording preliminary evidence---Application from complainant for correction in names and other particulars of two accused persons nominated in complaint---Validity---Complaint could not be declared such a sacrosanct document, wherein no change could be made, however its impact need to be examined before granting permission---Substitution of a person and correction of names being entirely two different things could not be amalgamated---Proposed amendment for correction of names of already nominated accused was neither deletion or addition nor insertion or substitution, but correction simplicitor having no bearing on merits of case---Issuance of process under Ss.202 & 204, Cr.P.C., would depend upon availability or non-availability of sufficient incriminating material and would have nothing to do with correction of names of accused---Process had been issued against same accused persons, whose names were sought to be corrected---Non-mentioning of correct names due to an inadvertent omission or lack of knowledge could be corrected, if same was not prejudicial or detrimental in any manner whatsoever to accused---Due to some omission, correct names of nominated accused persons could not be mentioned in complaint---No new person was being implicated through proposed amendment in the present case-Such application was accepted, in circumstances. (c) Words and phrases--- ----"Amendment" and "correction"---Distinction stated. Legally the terms "amendment" and "correction" are neither synonymous nor interchangeable, because correction mainly relates to removal or rectification of errors, mistakes, inadvertent omissions, defects or faults. Whereas the "amendment" connotes addition, deletion, insertion and substitution having substantial bearing on the character of pleadings irrespective of its nature. Muhammad Aslam Uns, Advocate Supreme Court and Mehmood Ahmed Sheikh, Advocate…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 510