harish (manager) 18 January 2010
sunil pagare (lawyer) 18 January 2010
Dear Harish,In maintanance application u/s125 of cr.p.c.there is no provision for issuing warrant.It is iilegal. Warrant can issue in recovery of maintanance amount u/s 125(3). matter cannot be transfer on the ground that the Judge is newly appointed. There must be legal ground to file transfer application.
navdeep singh (lawyer) 18 January 2010
in petition u/s125crpc magistrate can not issue warrant on non appearance of respodant. u can file revision aginst this order
Arvind Singh Chauhan (advocate) 18 January 2010
It can not be transfered to session judge, can be transfered to another magistrate, but ground can not be that magistrate is fresher. You should not only file revision but also complain against him for his irregular action. Judiciary also must be responsible. What would be if a person against whom such warrent is issued and he is not capable to file revision and sent to jail. Whether judiciary can compensate?. Where is right to live and liberty guarnteed by constitution. It has been in our country that "Judge never do wrong" .Why such persons are selected in judicial service. Another measorable situation is that, when we request them in polite way that it is not legal, answer comes from them" AP HAMEIN SIKHAYENGE"