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TMI Blog2012 (1) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of hate S.G. Raghuram as the father of the petitioner. Thereafter, the respondent-complainant amended the complaint contending that he has been defamed by the Poem written by the petitioner. The learned Magistrate has allowed the application for amendment of the complaint vide order dated 24.05.2007 and after recording the statements of the respondent and his witnesses and after hearing the learned Counsel for the respondent, has taken cognizance of the case against the petitioner only, by an order dated 21.06.2007. 3. Aggrieved by the order dated 21.06.2007 of taking cognizance of the case against the petitioner, the petitioner filed this petition to quash the proceedings in PCR No. 8409/2007 which is registered as C.C. No. 1585 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble. In support of this contention, he has placed reliance in the case of Sri C.S. Sathya v. State of Karnataka reported in 1994 Cri.L.J. 1954. This case involved a weekly newspaper containing defamatory article read by the complainant at Udupi, the newspaper printed, published and meant for reading at Bangalore. This Court held that the act and consequence of harming reputation of complainant completing at Bangalore, the Court at Bangalore has jurisdiction to try the offences of defamation. 7. Relying on the above decisions, the learned Counsel for the petitioner argued that when there is no provision in the Code of Criminal Procedure for amendment of the complaint filed under Section 200 Cr.P.C. the order passed by the Magistrate amendin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court had no such power under the Code. The Bombay High Court held the amendment was rightly allowed by the Courts below and in any case, the High Court would not interfere with the discretionary order passed at interlocutory stage and it was open to the respondent to oppose it at the final hearing. 10. Therefore, the only point for consideration is: "Whether the amendment of the complaint filed under Section 200 Cr.P.C. is permissible under law?" 11. Admittedly, in the instant case, the learned Magistrate allowed the application filed by the respondent for amendment of the complaint by adding the prayers at paras 11(a) and 11(b) even prior to taking of the cognizance of the case. By the date of disposal of the amendment appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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