1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. DISTRICT : CRIMINAL APPLICATION NO.3800 OF 2009 ( Anita Ramesh Chavan V/s Ramesh Zulalsingh Chavan & ors. ) Office Notes, Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders. Mr.Hemant Surve, Advocate for the applicant. Mr.Vaisali Shinde, A.P.P. for the respondent no.18. Respondent nos.1 to 17 served-absent. ..... CORAM: SHRIHARI P. DAVARE, J. DATED : 18th March, 2010. ----- 1. Rule. Rule is made returnable forthwith. By consent of the learned Counsel for the parties, the matter is taken up for final hearing at the stage of admission. 2. Heard Mr.Hemant Survey, learned Counsel for the applicant (original complainant) as well as Smt. Vaisali Shinde, learned A.P.P. for respondent no.18. None for the respondent nos.1 to 17 (original accused) though served. 3. Perused. It appears that applicant herein i.e. original complainant has filed Regular Criminal Case No.1632/2003 before the learned Chief 2 Judicial Magistrate, Aurangabad under Sections 494 and 109 of the Indian Penal Code on 31.12.2003. However, it is the contention of the petitioner that there were few mistakes and typographical errors in the names of the accused persons in the title clause in the said complaint, which occurred inadvertently. Hence, the complainant preferred application before the concerned learned Magistrate on 29.01.2007 and thereby prayed that the corrections be permitted in the title clause of the said complaint as specified therein. However, the said application came to be rejected by the learned 4th Judicial Magistrate, First Class, Aurangabad on 17.02.2009 observing that there is no provision regarding corrections in complaint, in Code of Criminal Procedure, and therefore, the said application was not tenable. 4. Being aggrieved by the said order dated 17.02.2009, the applicant has preferred this application under section 482 of the Code of Criminal Procedure requesting to invoke inherent powers of this Court under that section and permit the applicant-complainant to carry out the necessary correction. 5. It appears from the paragraph no.4 of the present application that the applicant intends to 3 carry out the corrections in respect of accused nos. 11, 16, 20 and 21 as stated in the tabular form in the said paragraph. It also appears that the corrections intended to be carried out by the applicant either pertains to the names of the accused persons or their ages and hence, the said corrections appear to be formal in nature and do not go to the root of the matter, and therefore, same are required to be permitted in the interest of justice at the risk of the petitioner invoking inherent powers under Section 482 of the Code of Criminal Procedure. 6. In the result, the present application is allowed and the applicant is permitted to carry out the corrections in respect of accused nos.11, 16, 20 and 21 as stated in the tabular form of the paragraph no.4 of the present application in the original complaint at the risk of the petitioner in the interest of justice invoking inherent powers under Section 482 of the Code of Criminal Procedure. 7. Rule is made absolute in the above terms. [SHRIHARI P. DAVARE, J.] gas/cri3800.09