NICAELA DINIZ Vs. WIBRO CONSTRUCTION CO.

JUDGEMENT

(1.) HEARD the learned Counsel on behalf of both the parties.

(2.) THE applicant herein has invoked the extraordinary jurisdiction of this Court under Section 482 of the Code (Code of Criminal Procedure, 1973) to assail the Order dated 16-6-2006 of the learned J.M.F.C. by which the applicant has been made as an accused party in the complaint filed by the complainant (respondent no.1) herein.

(3.) THE learned Magistrate after placing reliance on the case reported in Bhim Singh v. Kan Singh 2004(2) DCR 158, and on an unreported decision of this Court dated 16-10-2004 in Criminal Miscellaneous Application No.60 of 2004 (Shri Waman Laxman Sawant v. Shri Ashok Anand Sawant and another) came to the conclusion that he had inherent powers to correct the cause title and accordingly proceeded to implead the applicant- Mrs. Nicaela Diniz as an accused in place of Mrs. Henry E. Diniz alias Deniz.