Complain against high court judge
Nelofar
(Querist) 14 May 2012
This query is : Resolved
Sir,
My pathetic Story is as under.
I was married in 2007 both being Muslim,under Muslim personal Law. Right from the inception of marriage the relation between the me and all In-laws remained stringent and I was subjected to the atrocities by the Husband & his family members. It is Submitted that the I patiently beared all the atrocities with the hope that good sense will prevail upon the Husband & his family members and they will behave with me as good Muslim Husband & good in laws ,but they remained adamant and hard nut to crack as such, unleashed the atrocities upon me.
I beard all this and have a baby of 1.6 years old.
After the birth of the baby they started demanding money and swift car and when i refused he threatened for Talaq.
They beat me with the result my eye got damaged & my finger of hand got broken.
I didnot complaint any were for the sake of my family because i wanted to maintain the relation.
Final after when they threw me out of the house and he started telling the people i have divorced her.
I waited for six months for reconciliation,
final i went to the nearest police station with complain,the concerned SHO was already
was directed by the High court Judge not to register the case.When the SHO saw my pathetic condition he told me to wait and then after 1 month i again went with the complain at that time he said ok i will register a case for 498A,as i called my husband the Judge sent another Junior Judge to the Police station to check if he has arrested him or not.
Then the SHO told all this to us & showed his inability to arrest him and said please donot disclose it to anyone it is all because of the High Court Judge.
Adv.R.P.Chugh
(Expert) 14 May 2012
Dear Nelofar,
1) I am really not convinced that a High Court judge would go on giving informal orders to SHO's not to register FIRs - Are you sure the SHO is not taking you for a ride ?
2) Has the FIR been registered finally ? If not - approach the local magistrate u/s 156(3) CrpC the court would order registration of FIR and can even monitor the investigation so that it's free and impartial.
Getting your husband arrested is not your right. The police have the discretion to arrest or not to arrest.
Consult a local advocate or a women's organisation.
Regards,
Bharat
Advocate (Delhi)
Nelofar
(Querist) 14 May 2012
Sir,
It is 100 % correct that the High Court called immediate to the Local Sub Judge & at the same instant he(Local subJudge) visited the police station and i was standing there,
Even though SHO also wanted to arrest him & FIR was registered finally,but same Judge would give them AB.
My submission is were to complain against this Judge as I donot have any Proof.Advise Sir
Shonee Kapoor
(Expert) 14 May 2012
I don't believe this.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 14 May 2012
First of all, I want to tell you that you committed a big mistake by not getting the medicological examination of injuries sustained by your husband to you. If possible you may do so even now.
So far as main query is concerned, generally it is unbelievable because sub-judge needs not to come to police station for just this purpose rather he may call the concerned police officer to his house or retiring room and may direct him to do a specific arrest or not to avoid.
Anyway, you are free to make detailed complaint to Chief Justice of your High Court against both the judges and the concerned police officer with an affidavit duly attested.
Guest
(Expert) 15 May 2012
Such things, however repugnant and unfathomable they might sound, do happen commonly in judicial corridors. I have myself been a witness to such high handedness by a high judicial dignitary.
Anyways, I prescribe the following remedial course for you.
1.File a complaint under section 156(3) Cr.P.C before the local magistrate, and it would order investigation. As suggested by Mr.Makkad, get yourself medically examined, and file the report along with the complaint.
2. Get in touch with some women rights organisations, and also lawyers who are genuinely campaigning against judicial corruption, to make a representation to the HC Chief Justice and the Chief Justice of India against the concerned judge.
Nelofar
(Querist) 15 May 2012
Mr Makkad
The beating resulted in complete fracture in my finger and which is still broken,in fact it has now developed the crocked shape and my right eye marks of spots stll present even after more then a year.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 May 2012
It is just can not happen that a HC judge / other judge will go to police station.
He can just call the PP or APP and can get the things done.
More ever what are stakes involved for a Judge to come in between.
ajay sethi
(Expert) 15 May 2012
difficult story to belive . no judge will go to police station for said purpose .
you dont have any evidence against high court judge . even if you lodge complaint the SHo will deny that any such incident had happened and your complaint will be ignored .
you have not filed any police complaint against your husband when such beatings took place nor did you have any medical certificate proving your injuries .
file complaint under 156(3) as suggested by experts
V R SHROFF
(Expert) 15 May 2012
I too, don't believe this.
SAINATH DEVALLA
(Expert) 15 May 2012
A judge will not go to the Commissioner's office in his oficial capacity,leave aside the local police station.Hence hard to believe.
Nilofarji, whether the judge has taken a personal interest or not is a different aspect,but my sincere advice is to fight, taking the assistance of a good local advocate.
As far as the mental and physical harrasment you have undergone,it has to be condemned by the human fraternity.
