Pre-cognizance amendment of a criminal complaint may be permitted when it avoids multiplicity and causes no prejudice.

A complaint under Section 200 of the Code of Criminal Procedure may be amended before cognizance is taken where the amendment is sought at the pre-cognizance stage and does not prejudice the accused. The absence of an express procedural provision was not treated as decisive because the amendment was intended to avoid multiplicity of proceedings. The accused remained free to raise all defences at the final hearing, and no ground was found to quash the proceedings.

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Issues: Whether a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 can be amended before cognizance is taken.

Analysis: The complaint was amended by adding further averments before the Magistrate took cognizance. The absence of an express provision in the Code was not treated as fatal in the circumstances, because the amendment preceded cognizance and was intended to avoid multiplicity of proceedings. No prejudice to the accused was shown at that stage, and the accused was left free to raise all defences at the final hearing.

Conclusion: Amendment of the complaint before cognizance was held permissible, and no ground was found to quash the proceedings.

Ratio Decidendi: A complaint under Section 200 of the Code of Criminal Procedure, 1973 may be permitted to be amended before cognizance where no prejudice is caused and the amendment serves to avoid multiplicity of proceedings.

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