Querist :
Anonymous
(Querist) 20 August 2011
This query is : Resolved
Judge advised my adv that I can come for X'am at 3 pm. If accu. does not come NBW will be issued. When I came in at 3 pm bench clrk informed that date had been give IN OUR ABSENCE for next month. Is this not IMPROPER on part of Judge? and favouring accussed? Whr. can I complain and wht is the remedy?
ashok kumar singh
(Expert) 20 August 2011
it's a Judges discretion. However, you have to complaint before the Concern Judge, stating inter alia the entire facts related to Bench Clerk and the incident and circumstances, that how you are affected.
thanks.
Querist :
Anonymous
(Querist) 20 August 2011
But Judges have to be fair and just. Having asked me to come in at 3 pm for cross exam how can he in the mean-while change his mind and give date to accused in OUR ABSENCE? can he do that? is there no code of conduct or etiqqete to be followed even by judges? pls tell whom to complain a/g this judge for misuse of his power/discretion. Thanks.
Devajyoti Barman
(Expert) 20 August 2011
The party to a case has every right to lodge complaint about the conduct of the Judge but before that t\he should be cautious about the veracity of the allegations. My advise is to wait for another such instance before you actually lodge the complaint as the said incident may be ignored as one off incident.
Koumarish Bhattacharya
(Expert) 20 August 2011
Of course the Judges or Magistrates should maintain the code of conduct. They may exercise their discretion also. But before making any complaint against anybody, one should himself verify the matter. It may be that the Judge had nothing to do with it and the accused persons somehow managed the date from the bench clerk. Often the Judges do not get much time to conduct all the cases. It is the bench clerk who normally puts before him the records that are more important to be heard than the others and those records which are being perused. If the summon to witness bears a particular time, it is always better to come before the Court on or around that time, if not earlier. In a Metropolitan Court, the diary of the Court does not permit the Magistrate or Judge to remember what he promised to the witness of a particular case.
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