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TMI Blog1987 (2) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... ity though he raised a contention that his wife's name is Madhavi and he did not marry a lady by name Malathi. In spite of the mistake in name, identity of the first petitioner as his wife was never in dispute in the counter, though at the stage of evidence as Rw. 1 the respondent stated that though he married ope Madhavi. petitioners 2 to 7 are not his children. This contention contrary to the admission in the pleadings was rightly negatived by the Magistrate accepting the evidence of Madhavi. 2. Madhavi thereafter filed a petition for permission to correct her name into Madhavi. The Magistrate disallowed the prayer saying that it will amount to amendment of pleading for which the criminal court has no jurisdiction. In spite of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put to d faculties because by seating a side of this order, they will lose the maintenance awarded as per this order . By way of consolation to them the Sessions Judge said Any how, the first petitioner is at liberty to file a fresh application with her correct name showing as Madhavi against the respondent , as if it is a concession shown to her and the minors. Describing the order of the Magistrate as illegal, improper and incorrect solely for the above reason the Sessions Judge allowed the revision and set aside the order as against all the petitioners and dismissed the maintenance petition. 4. Even accepting the entire reasoning of Sessions Judge as correct what I am not able to understand is for what reason the order in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling provision provided there is no prohibition land no ill guilty or miscarriage of justice is involved. Under such circumstances in order to do what is absolutely necessary in the ends of justice or prevent prejudice or miscarriages of justice what is not prohibited could be taken as perm tied because the Code of Criminal Procedure cannot be taken to have contemplated and provided for every contingency by making exhaustive provisions to meet the situations. All the criminal courts are having such an auxiliary power subject to restrictions which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else. 6. Correcting a mistake in the name for the purpose of doing justice is w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ef. Though the section appears in a criminal trial and the remedy is a summary one the proceedings is of a civil nature. The enquiry is only quasi-criminal and admissions made in the pleadings can be taken into consideration and acted upon. It is true that even though the proceedings are of a civil nature, they do not amount to a civil suit. 8. Normally persons appearing before courts for such reliefs will be destitutes who are illiterate and ignorant of their rights. Strict rules of pleadings and evidence also not insisted in such cases because of the position of those who are approaching courts and the social purpose behind the provision. To say that even in such a case a clerical mistake in name cannot be corrected in order to grant t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nting or refusing reliefs. If so a wrong admission itself must be capable of being corrected if the ends of justice demand it because a wrong admission cannot be the basis of a relief or its refusal. In granting reliefs courts are to be guided not by the form but by the substance and the approach should be to grant reliefs whenever justice demands and evidence supports, and not to refuse it on technical grounds even when law and justice demands. 10. I do not find any illegality, incorrectness or impropriety in the order of the Magistrate as held by the Sessions Judge In fact all those epithets are applicable only to the order of the Sessions Judge. Though the Magistrate has done an illegality, impropriety or incorrectness earlier. He has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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