Amendment in crpc 125 -which changes the nature of petition

File a petition in high court challenging the entire proceedings under sec 482 cr pc and the entire proceedings against u shall get stayed. Regards Bhuwan raj, Adv. Cell 09839268489.

File a petition in high court challenging the entire proceedings under sec 482 cr pc and the entire proceedings against u shall get stayed. Regards Bhuwan raj, Adv. Cell 09839268489.

@ Author,

 

1. Without directly touching your 4 questions before me, I will give you core reply and my reply is to self read below mentioned Apex Court citation after picking it up either from your advocate or from District Court Bar Library and then make an effort to read it thoroughly and understand if action of ld. Judge is right or needs to approach superior Court.

2. For me it is very easy to reply to all your 4 questions just plain reading of events, but my reply may not help you because what are stated in her S. 125 CrPC application and what she got amend only you or your advocate knows not the forum so making a generic quick reply will not do complete justice to your question is my view hence I am asking you to make self-effort first to understand below quoted Apex Court citation which answers core questions and then see yourself if you need reply to your 4 questions or not.

 

Ref.: State of M.P. Vs. Union of India [(2011) 12 SCC 268]

Held:-

Or. 6 R. 17 CPC and proviso - Amendment of pleadings - Purpose and scope of - Approach of court - Amendment sought after commencement of trial - When permissible - Held, though courts have ample power to allow amendment of plaint but said power should be exercised in interest of justice and for determination of real question in controversy between parties - Either party can alter or amend his pleadings in such manner and on such terms as may be just - However, amendment cannot be claimed as a matter of right and under all circumstances, but the courts while deciding such prayers should not adopt a hypertechnical approach - Liberal approach should be the general rule, particularly in cases where other side can be compensated with costs - Normally, amendments are allowed in pleadings to avoid multiplicity of litigations - Further held, where application is filed after commencement of trial, it must be shown that in spite of due diligence, such amendment could not have been sought earlier [(2011) 12 SCC 268-A]

Or. 6 R. 17 CPC and proviso - Amendment when not permissible - Amendment that would render suit infructuous -Amendment that would introduce a totally different, new and inconsistent case or challenges fundamental character of the suit - Amendment sought after delay of five years and issues already framed - Relief sought by virtue of amendment was not relief that could be granted in suit concerned - Amendment denied [(2011) 12 SCC 268-B]

[Holding closure of reply]

Thanks a lot to raj sir and Tajobs sir for answering my questions. Tajobs sir, please give me a couple of days to study the above mentioned judgment as I am very poor in interpreting judgments. Still then I would again request you to answer my questions as you would have dealt with such queries and can predict the probable outcomes. Thanks.

anybody there please help me.

 

please answer to my questions from 1 to 4.