- (1.) The petitioner in this case is the husband of the Opposite Party No. 2. An application under Section 125 of the Cr.P.C. was filed against him in the Court of the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24-Parganas. During the course of those proceedings the Opposite Party wife filed an application for amendment of her original maintenance petition, which was allowed by the Learned Trial Court on 20.08.2014. The petitioner preferred revision against such order. But his Revisional Application No. 216 of 2014 was dismissed by the Learned Additional Sessions Judge, 6th Court at Barasat, and the order of the Learned ACJM was upheld. He has now approached this Court to challenge the same.
(2.) His contention is that there is no provision under the Code of Criminal Procedure for permitting amendments in the pleadings in the form of applications or replies before the concerned Court.
(3.) To support this contention, it has been stressed on behalf of the petitioner that in the absence of an appropriate provision within the codified law, it is not open for the Courts to transgress beyond the Statute for granting any such relief to a party, which is not covered within the Statute as, in such event, the Court would essentially be intruding into the Legislative domain.;