1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application (APPP) No. 654/2010 in Criminal Application No. 1076/2006 (Ashok Mohanlal Tiwari and one .vs. State of Maharashtra and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.G. Kavimandan, Advocate h/f Mr R.L. Khapre Advocate for Applicant. Mr. D.M. Kale, APP for Respondents 1,2 & 4. Mr. S.G. Joshi, Advocate for Respondent no.3. CORAM : P.D. KODE, J. DATED : SEPTEMBER 21, 2010 Heard. The prayer for amendment made by the applicants is objected by the learned APP appearing for respondents no. 1,2 and 4 and the learned counsel for respondent no.3 on the count of Code of Criminal Procedure not containing any provision for the purpose of amendment of an application already preferred. The same is also objected on the count that relevant contentions sought to be added by making amendment can also be raised before the trial Court in view of the charge sheet being submitted in the matter. The application for amendment being warranted due to occurring of subsequent event i.e. submission of charge sheet, it is difficult to accept the 2 objection raised. It is difficult to accept the same because though Criminal Procedure Code has been enacted for consolidating and amending the law related to the Criminal Procedure, still the same is not an exhaustive Code regarding all the procedural aspect. Having regard to the same, the objection raised on the said count cannot be sustained. Similarly the applicants having made the application much prior before submission of a charge sheet, the subsequent act of submission of charge sheet cannot be said to be taking away the right accrued to him earlier i.e. to challenge the FIR which was lodged against him. In order to avoid multiplicity of the proceedings in between the parties, it will be necessary to allow the amendment as allowing same would not be causing prejudice to the respondents as they would be getting due opportunity to contest the contentions sought to be added by way of amendment sought. Having regard to the same, the application is allowed. The necessary amendment to be carried out within two weeks from today. The copy of the amended petition to be served upon the other side within a week thereafter. The other side to file say to the amended petition, if any, within a week thereafter. List the matter in the week commencing from 25th October, 2010. JUDGE halwai