No Order by Magistrate in a closed for order matter
AMAR RANU
(Querist) 06 February 2010
This query is : Resolved
In the court of a metropolitan magistrate in Mumbai,an application was filed,arguments followed and the said matter was concluded for Order by Magistrate.
Three consecutive dates were given but no Order was delivered.
Thereafter,suddenly,the said magistrate was transferred and presently,the said court is lying vacant and his predecessor has not been appointed for the last over three months.
What is the remedy for the party,who is still waiting for the Order?Any case law and or provisions of Cr.P.C.can help in acquiring the said Order from the said magistrate,who has since been appointed District Judge in a remote district of Maharashtra?
An early response of the esteemed experts shall be highly appreciated.
Amar
R.R. KRISHNAA
(Expert) 06 February 2010
Now both the parties have to argue fresh before the new magistrate and get the order.
The transferred magistrate is functus officio (without authority) in respect of the court where your case is pending and you have to wait for new magistrate to be appointed for hearing your case.
Guest
(Expert) 06 February 2010
Now you cannot get a judgment from a transferred magistrate. In case of long vacancy of his successor, you make arguments before an in-charge judge, or if there is no in-charge judge/court, you may file a TRANSFER PETITION before a higher court (Principal Sessions Court) and seek transfer of your case citing long pending reason and get it transferred to any other regular court.
Sukhija
(Expert) 06 February 2010
I agree with above views
