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.
