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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Amit Kumar Sarawgi @ Amit Sarawgi, S/o Late Ashok Sarawgi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No. 1529 of 2025
1. Heard the parties.
2. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to amend the Writ Petition (Cr.) by inserting the words ‘and Article 227’ after the words ‘Article 226’ and before the words ‘of the Constitution of India’ in the cause title of this Writ Petition (Cr.) and the second prayer is made to challenge the order dated 08.12.2023 passed by the SDJM, Giridih by which the learned SDJM, Giridih has reviewed/set aside the earlier order passed by the learned CJM, Giridih transferring the Complaint Case No.3308 of 2023 under Section 192 of the Code of Criminal Procedure to SDJM, Giridih. It is next submitted that the change in cause title regarding the provision of law will in no way change the nature and character of this Writ Petition (Cr.). Hence, it is submitted that the same be allowed.
3. So far as the second prayer of proposed amendment is concerned, learned counsel for the petitioner submits that the petitioner was never aware of the fact that in the main Complaint Petition No.3308 of 2023, the learned CJM, Giridih vide order dated 24.11.2023 has exercise
The power under Articles 226 and 227 of the Constitution cannot be exercised when an alternative remedy exists under the Code of Criminal Procedure.
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
The court emphasized the necessity of providing a hearing before passing orders affecting parties' rights, reinforcing the supervisory nature of Article 227 over judicial decisions.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; Article 227 provides distinct jurisdiction.
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