2012 (10) TMI 1153

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....Shri Vikas Yadav, learned Counsel ORDER Hon'ble Shri U.C. Maheshwari, J. 1. The applicant wife has preferred this revision under Section 397 read with Section 401 of the Cr. P.C. being aggrieved by the order dt. 30.8.2011 passed by Judicial Magistrate First Class Khategaon District Dewas, in Misc. Criminal Case No. 2/2011 whereby her application filed for amendment in the principal ap....

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....ation with justice oriented approach but the same has been dismissed under the wrong premises and prayed for allowing this revision. 2. On the other hand, responding the aforesaid argument Shri Vikas Yadav, appearing Counsel for the respondent by justifying the impugned order argued that impugned case being criminal case the provision of Order 6 Rule 17 CPC was not applicable and in such premis....

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....laced on the record along with the aforesaid impugned application of amendment as well as the impugned order. 4. It is a trite law that strict rules of the pleadings are not applicable to the case under Section 125 of the Cr. P.C. Under such provision only application is required and after filing such an application if any subsequent event comes in existence then there is no bar under Section 1....

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....ng and in such premises, the provisions of Order 6 Rule 17 of the CPC or some other provision of such Code could not be applied strictly but whenever the specific provision in this regard is not available in the special enactment then in that position, Court may adopt the principal laid down by the Apex Court either in the civil case or in the criminal case. In such premises, if the present matter....