MEHBOOB KHAN Vs. JAGWINDER PATYAL

JUDGEMENT

(1.) THE petitioner filed a complaint under Section 500 and 501 IPC against Jagan Dayal Patyal and Ramesh Chander Aggarwal, in which the summoning order was passed against Jagan Dayal Patyal and Ramesh Chander Aggarwal.

(2.) AN application was moved by respondent No. 1 for withdrawal of summons issued against Jagan Dayal Patyal as his name is Jagwinder Patyal and not Jagan Dayal Patyal. The complainant also moved an application for permission to rectify the name of accused No. 1 Jagan Dayal Patyal as Jagwinder Patyal as the mistake was typographical and clerical.

(3.) THE trial Court vide order dated 24.07.2008 allowed the application filed by respondent No. 1 and ordered that he cannot be summoned as his name is not mentioned in the complaint. The application filed by the complainant seeking rectification of the name was dismissed with the observation that no amendment in the complaint case can be allowed.