by Shivendra Pratap Singh | Jul 6, 2025 | Criminal Matter
Can I amend the criminal complaint after cognisance? When the complaint was filed I had information about his nick name which is also fairly known in the vicinity. But after filing a complaint I came to know that there are two more persons in the village with the same name. In the complaint his father's name, address and mobile number have been correctly mentioned. My advocate proposed an amendment application but the magistrate refused because the cognisance has been taken and a summon has also been issued. The accused moved to the high court for quashing the complaint on the basis that the name of the accused is wrong and he is not known by the name mentioned in the complaint. He also produced aadhar card and educational records to prove that the accused is some other person. The case is pending in the high court.
Asked from: Uttar Pradesh
The accused appears to be taking undue advantage of a discrepancy in the complaint, namely that it was filed using his nickname, which does not appear on his Aadhaar card or other official documents. He may raise the plea that other individuals in the village share the same name as mentioned in the complaint.
However, if the other essential identifying information in the complaint—such as parentage, residence, occupation, or other details—accurately pertains to the accused, then the mere use of a nickname does not constitute sufficient grounds for quashing the complaint. The question of identity, in such a case, becomes a matter of trial, where the complainant will have the opportunity to establish the identity of the accused, including his nickname.
With regard to amendment of the complaint, although the Code of Criminal Procedure (CrPC) does not specifically provide for amendment of complaints, the Hon’ble Supreme Court in S.R. Sukumar v. Sunaad Raghuram, (2015) 9 SCC 609, held that if the infirmity in the complaint is curable through a formal amendment and does not prejudice the accused, the amendment is permissible, even in the absence of an express enabling provision in the CrPC.
In your case, since all other particulars about the accused are correct and only his nickname has been used instead of his official name, the error is formal in nature and curable by amendment. Amending the complaint to include the accused’s official or legal name, while retaining the nickname (if necessary), would not cause any prejudice to the accused, especially when the identifying details match.
You may seek permission of the court to amend the complaint to reflect the real or official name of the accused. Since no prejudice will be caused to the accused, the court may allow such an amendment, even after cognisance has been taken. You can amend the criminal complaint after cognisance. For any legal assistance you can contact criminal advocate.
Related: Can magistrate cancel the bail in bailable offence
by Shivendra Pratap Singh | Jul 4, 2025 | Criminal Matter
Father lodged FIR for kidnapping whereas the daughter is major and married to her boyfriend with her free consent. I am studying in my first year of graduation and my age is twenty years. When my father came to know that I have solemnised marriage with my boyfriend who is twenty two years old and studying in my college, lodged an FIR against my husband. My mother told me about the said FIR and advised me not to return home. But the police officer has been continuously harassing my in-laws. My husband is residing in my nearby village however, his parents are living in city XX. My husband will be arrested for that offence. I am very afraid because the police officer is compelling my father in law to provide my husband's mobile number.
Asked from: Uttar Pradesh
First of all, no offence of kidnapping is made out based on the facts of the case. When the child (victim) who has been kidnapped is a major, i.e., above eighteen years of age, the offence of kidnapping is not attracted, as the essential element of taking a minor away from the lawful guardianship is absent.
In State of Haryana vs. Bhajan Lal, the Hon’ble Supreme Court held that an FIR can be quashed under Article 226 or 482 of the Constitution/CrPC respectively, if the allegations are vague, bald, or do not disclose any prima facie offence. Hence, the said FIR is liable to be quashed.
You should file a writ petition before the High Court under Article 226 of the Constitution of India, seeking quashing of the FIR. For the offence of kidnapping to be made out under Section 361 IPC (Section 137 Bharatiya Nyaya Sanhita), the victim must be below 18 years of age and must have been taken or enticed away from lawful guardianship without consent.
When the alleged victim has attained the age of majority, no offence of kidnapping is said to have been committed. Your father has lodged a false FIR for kidnapping whereas his daughter is major.
You have solemnised marriage, therefore, you should also produce a valid marriage certificate. If the marriage was solemnised in a temple, you must produce evidence of essential ceremonies, especially saptapadi (seven steps around the sacred fire), if that is the prevailing custom in your community. A marriage solemnised without performing the essential ceremonies as per the customs of either party, renders their marriage invalid.
Therefore, you must produce evidence that the marriage was solemnised according to the prevailing rites and customs. If the High Court is satisfied, it may not only quash the FIR but also issue directions to the parents or complainants to refrain from interfering in your marital life. For filing a petition for quashing of FIR you may contact here.
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by Shivendra Pratap Singh | Jul 3, 2025 | Criminal Matter
Can magistrate cancel the bail in bailable offence under section 436 of the code of criminal procedure? A bail was granted by the magistrate under section 436 crpc but after two months he cancelled that bail. That bail has been cancelled on the basis that the accused is not cooperating in the investigation. The investigating officer moved an application to the magistrate under section 436 crpc for the cancellation of bail. My brother is cooperating in the investigation but the I.O. is trying to add additional sections and enhance the gravity of offence. He is managed by the compliant. There is no fault from my brother. I received an arrest warrant from the court and consulted an advocate who advised that bail cancellation is wrong. Court has no such power.
Asked from: Haryana
The Magistrate does not have the power under Section 436 of the Code of Criminal Procedure, 1973 (CrPC) or Section 478 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) to cancel bail granted in a bailable offence. In cases involving bailable offences, the grant of bail is a statutory right of the accused, and the Magistrate has no discretion to refuse it when the accused is ready and willing to furnish the required bail or surety.
If the Investigating Officer or the prosecution has sufficient grounds for seeking cancellation of bail, they must file an application under Section 439 CrPC or Section 483 BNSS, as only the Court of Sessions or the High Court is empowered to cancel bail—even in cases involving bailable offences. Therefore, any order passed by the Magistrate cancelling bail in a bailable offence is per se illegal and without jurisdiction.
You are advised to file a criminal revision petition either before the Sessions Court or the High Court under Section 397 CrPC or Section 438 BNSS, challenging the impugned cancellation order. The revisional court will have the authority to set aside the Magistrate’s order and restore the bail granted earlier, as per law. Magistrate cannot cancel the bail in bailable offence.
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by Shivendra Pratap Singh | Jul 2, 2025 | Criminal Matter
Procedure of discharging surety in a criminal case if one of the sureties want to free from the obligation. My relative was given surety in my bail. A false criminal case was lodged against me by the neighbour. In that case the charge sheet was filed and I took bail from the court. In that bail my relative is jamanatdar and given surety. Now he is selected in government service and wants to release himself from such a liability. So kindly guide me on how to change surety?
Asked from: Uttar Pradesh
If a surety wishes to discharge himself from the liability undertaken for an accused, he must file an application before the court under Section 444 of the Code of Criminal Procedure, 1973 (CrPC) or under Section 489 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS).
It is important to understand that upon such an application being filed, the court is required to issue a warrant for the arrest of the accused. Once the accused is brought before the court or voluntarily surrenders, he must furnish a fresh surety and execute a new bond.
Mere appearance of the accused does not automatically discharge the existing surety. The surety will be discharged only upon substitution with another competent surety, along with a valid and sufficient surety bond.
If the accused fails to furnish a fresh surety on the date of appearance or surrender, the court is empowered to remand him to judicial custody until a suitable surety is provided.
Therefore, it is strongly advised that before initiating the application for discharge, you make prior arrangements for a substitute surety and ensure that the new surety is competent and willing to execute a valid bond. This precaution will help avoid any risk of the accused being taken into custody due to the absence of a substitute surety. Above is the procedure of discharging surety in criminal case.
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by Shivendra Pratap Singh | Jul 1, 2025 | Family Dispute
Can husband seek divorce if acquitted in 498A case? My wife filed a false criminal case against me and my parents. She used to make false allegations against me, claiming I had extramarital affairs. Whenever I objected to her conduct and suspicion about my character, she started a quarrel and left her matrimonial home. Our marriage was solemnized in 2017. Throughout these years, she frequently went to her parents' home and lived there. I have a child who is six years old, but he also lives with his mother. My wife does not help with household chores and always prefers to live alone. She filed a false criminal case for demand of dowry and cruelty. That criminal case has been decided, and all accused have been acquitted. I took a separate house in the same city to keep her happy because she did not want to live in a joint family. My father advised her to live with us, stating that we would take care of our grandson and provide love and affection, but she outrightly refused. Now I want a divorce.
Asked from: Uttar Pradesh
The overall circumstances of your case suggest that your wife has subjected you to mental cruelty, which may constitute valid grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Your wife’s consistent refusal to live with you—not just separately from the joint family but even independently as a couple—demonstrates her reluctance to perform matrimonial obligations. Her habit of leaving the matrimonial home over trivial issues and returning to her parental home supports this conclusion. Such conduct indicates intentional neglect and emotional withdrawal, which amounts to mental cruelty in the eyes of law.
Her unwillingness to participate in household responsibilities further supports the allegation that she has failed to discharge her matrimonial duties. It is clarified that a wife is not a maidservant, and there is no legal obligation for her to perform all domestic chores. However, mutual cooperation in day-to-day life is expected in a marriage. Persistent non-cooperation without valid reason contributes to emotional strain and may be treated as cruelty.
Moreover, her decision to keep your child away from you, thereby depriving you of your parental rights and emotional bond with your son, adds significantly to your mental distress and reinforces the claim of mental cruelty.
As regards the criminal case filed against you, if the court has honourably acquitted you, and the allegations were found to be false, baseless, or malicious, such an acquittal may also amount to cruelty by the wife. However, if the court found prima facie evidence of cruelty or dowry demand but acquitted you on the ground of insufficient evidence to meet the threshold of "beyond reasonable doubt," then such an acquittal may not necessarily support a claim of cruelty.
Hence, it is essential to analyse the findings and reasoning recorded in the judgment of acquittal to assess its implications on your divorce case. If acquittal is based upon benefit of doubt then husband cannot seek divorce however acquitted in 498A case
Based on the collective circumstances—including abandonment, refusal to cohabit, non-performance of matrimonial duties, alienation of the child, and possibly false criminal allegations—you appear to have strong grounds to seek divorce on the basis of mental cruelty. The probability of success in your divorce petition is high, provided the facts are clearly pleaded and supported by evidence.
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