Amendment to Party Designations Allowed; Interim Relief Prevents Action Based on FIR Until Next Hearing
In a recent judgment dated July 13, 2026, the Indore Bench of the Madhya Pradesh High Court, presided over by Justice Gajendra Singh, provided significant interim relief to petitioners challenging the cancellation of a birth certificate and the subsequent registration of an FIR. The case, WP No. 18924 of 2026, involves a dispute wherein petitioner No.1's birth certificate was annulled by respondent No.5, following the solemnization of marriage between petitioner No.1 and petitioner No.2. This action led to the registration of FIR No.0112/2026 at Police Station Maheshwar, District Khargone.
The petitioners, represented by Senior Counsel Shri Vivek Krishna Tankha and Counsel Shri Jerry Lopes, sought to amend the memo of parties to correct the designation of respondent No.1 and to implead a new respondent, Nagar Parishad Maheshwar, through its Chief Municipal Officer. The court allowed this amendment, directing necessary changes to be made within three working days.
A critical aspect of the judgment was the court's directive that no coercive action be taken against the petitioners pursuant to the FIR until the next date of hearing. This decision came after considering the arguments presented by both parties, with Additional Advocate General Shri Rahul Sethi and Govt. Advocate Shri Sunit Kapoor representing the respondents.
The court also provided procedural instructions, including the issuance of notices to newly added respondent No.5 and respondent No.3, contingent upon the payment of process fees within three working days. The court cautioned that any default in this payment would result in the vacation of the interim relief without further reference.
The case is scheduled for further hearing in the week commencing July 27, 2026, where the court will reassess the interim relief and the substantive issues surrounding the cancellation of the birth certificate and the FIR.
Bottom line:-
Amendment in the memo of parties allowed to correct the designation of respondent and to implead a new respondent. Interim relief granted restraining coercive action pursuant to an FIR till the next date of hearing.
Statutory provision(s): Civil Procedure Code, 1908
Petitioner No.1 v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2939982
