Can I file application for including more charges in a defamation case

796 votes

अब आप न्यायालय में विचाराधीन मुकदमें में और कुछ नहीं जोड़ सकते क्योंकि यह एक क्रिमिनल केस है नाकि सिविल ।
यह बात भी बहुत हद तक सही है कि आपके द्वारा दायर मानहानि के केस में सफलता मिलने की संभावना अत्यन्त कम है ।

Advocate Sumit Agarwal LawRato

504 votes

You have not stated what is the disposal of case under sec 498a IPC. Your first priority must be to favorably dispose off the case under sec 498a, now that you are divorced. This section generally favours complainant since they are not required to give evidence, witness to the standard or level in other sections since cruelty, demand for dowry occurs generally indoors where witnesses generally are not available and the object of this section is to prevent torture to a woman by her husband or his relatives in connection with demand of dowry. Case under sec 498a is cognizable, non bailable and generally complainant cannot withdraw her statement however there are Supreme Court Judgements where Supreme Court has held that complainant can move an application for quashing proceedings innitiated by her against her husband and his relatives. For this you may contact me or any knowledgeable Advocate. You may plan settlement of all cases including u/s 498a with your wife. Otherwise you should apply for bail. Sec 125 only relates to right of maintanence as a summary remedy. Proceedings under sec 125 are not criminal proceedings so you are not an accused person under this section. Since she did not attend, judgement is ex party and can be easily reinstated if your wife files for revision. Court may alter or add to a charge at any time before the Judgement u/s 216 provided the accused is not prejudiced by such alteration or change. You have to provide reasonable grounds for this which can be worked out. Contact me or any knowledgeable Advocate.

Advocate Kundan Singh Pathania LawRato

811 votes

Yes under section216 you can add a application . Court may alter charge
When you had filed very specific case of defamation you have or you withdraw it and file with other sections.so you can proceed with add on

Advocate Lubna Ishrat LawRato

648 votes

As per your above details immediately file a recall application with all proofs / evidences which is against your wife and your in law. There is no matter of judge on leave or court vacant. Plz file the recall application in chief judicial magistrate or district judge. On your recall application the court immediately recall the case and take cognizance.
Any other queries contact me. I m practicing at Lucknow district court.

Advocate Ankit Gupta LawRato