Misuse of powers by rejection of bail application by district courts
Mahesh Chand Gupta
(Querist) 07 July 2013
This query is : Resolved
A forge case was framed by an advocate knowing it to be forge which can be proved in court. He filed a copy of it in Ghaziabad Court with 4 accused A, B C and D and with small alterations, second copy with a small change in accused was filed in Hapur Court in the name of brother of the complainant of Ghaziabad Case with 4 accused A, B, C and L. Total 4 persons were made accused in both the cases. No major evidence was available just to summon the accused but the advocate managed with the judge and summon was issued u/s 420, 467, 468, 471 and 477 I.P.C. Summoning of this case was stayed by Allahabad High Court on the application of Accused A and B. Complainant submitted counter affidavit which was not replied by the advocate of accused. Later on, complainant tie-up with the accused’s advocate of Allahabad High Court who deliberately wasn’t present on the listed date and stay was dismissed in default. Accused A submitted application u/s 245(2) in local court which was accepted by the court and summons of accused A applying u/s 245(2) were stopped and other accused B, C and D were summoned. Later on, one more accused B submitted application u/s 245(2) which was also accepted by the court but on persuasion of complainant, court employee issued NBW against the accused B who had filed application u/s 245(2) and he was immediately arrested by Police and presented in court. On seeing the file, judge immediately relieved him on Interim bail. Complainant submitted an application in Allahabad High Court telling a false story that accused was arrested by police and later on judge accepted application u/s 245(2) and released the person on Interim Bail. High Court Judge immediately issued ex parte orders that application u/s 245(2) should not be listened by the lower court and all the accused must be arrested immediately on which lower court immediately issued NBW and started Kurki proceedings within a very small time in connivance with the complainant. Accused made an application in Allahabad High Court for same day listening of the bail application by the District Judge which was allowed by the Allahabad High Court. One of the accused C arrested by police which was produced in court and his bail application was rejected by lower court and district courts. Then, a lady advocate accused A surrendered in lower court and on the same day, application was made to District Court along with order of Allahabad High Court about same day listening of bail application. She claimed benefit of section 437 also but the ADJ straight away refused to hear the bail application and lady advocate was sent to jail. On the next date, ADJ rejected the bail application and did not consider section 437, No crime proved in the complaint and complaint was counter blast to case of lady advocate under section 138 of N. I. Act which was filed before the complaint in question. Later on, 4Th Accused D moved an application to Allahabad High Court for stay but Allahabad High Court issued same day listening of bail application. On appeal to Supreme Court by the 4th Accused D, 3 judge bench of Supreme Court allowed stay in this case. 3rd Accused C was ordered to be released on bail by the Allahabad High Court. After the issue of stay orders by Supreme Court, an application of bail for lady advocate was again moved in the same District Court on the following two grounds:- 1. Other accused C was released on bail and 2. Total proceedings in the case was stayed by the Supreme Court but the bail application of the lady advocate was again rejected by the same district court stating that no fresh grounds are provided and application for bail is baseless. Later on, lady advocate was released on bail on order of Allahabad High Court. Now my question is what remedy is available to lady advocate against 1. The advocate making a false complaint case, 2. Against the complainant, 3. Against the judge issuing summons, 4. Against the advocate of High Court who did not fulfil his moral and professional duty, 5. Against the judge of lower court who issued NBW when these were not available in file and also for issuing Kurki and other warrants within a short span of time of fifteen days and lastly 6. Against the district court who misuses its powers and did not allow and even did not hear the bail application. There were sufficient grounds that the bail must be granted on the very first day to the lady advocate who was deliberately sent to jail by District Courts in connivance with the complainant and remained there for around 3 months. Where should we go?
R.K Nanda
(Expert) 07 July 2013
query too long to reply.
Rajendra K Goyal
(Expert) 08 July 2013
1. The case has to be defended till the court decided it as false and hence dismiss it.
2. If found false case action as per law would be taken.
3. The Judge has followed the procedure, if aggrieved appeal to higher court can be filed against order of the court.
4. A complaint can be lodged in Bar Council .
5. If aggrieved with any order of the Judge, appeal can be done in higher court.
6. Appeal to higher court is solution.
