Magistrate is an intrested party.
Upendra
(Querist) 11 May 2012
This query is : Resolved
My Wife has filed 498A & is threatening & demanding 30 lacks to withdraw the case. We have no problem's with the 498A we are contesting the case. I have enough evidence to get acquitted.after we have filed all our evidence's she realized the obvious that the 498A case will eventually be dismissed & we (My father,mother & my self)will be acquitted on merit.
Now she has filed another case MC under CrPC 125. she has used another C/O address(her relative's address) to bring the jurisdiction of this new case into another court. On enquiry i have found out that the magistrate of this court is a distance relative of her's. the magistrate herself is acting on her directions. the magistrate herself is a interested party in this case (though i cannot prove it).
The way the magistrate is behaving in the court i can see that, even if I submit all the evidence's I will not get any justice from here.
I have applied to transfer the case to the court where 498 is running (within the same district hence applied it in the district court)but the district court judge is on leave.
On knowing about the transfer petition this magistrate is hell bent on finishing the case & reading the judgement in my wife's favor, before the district court judge returns from his leave.
now she is placing adjournments Every week while the usual practice is every month.
Even if I go for appeal
I cannot place any new evidence, or cross-examine the witness during appeal (during appeal only arguments with already recorded evidences).
This magistrate would have recorded the evidences in such a way that i will not get any help even in case of appeal.
I don't know what to do.how can i be saved.
adv. rajeev ( rajoo )
(Expert) 11 May 2012
You submit before the court that transfer petition is pending so long adjournment may be granted.
ajay sethi
(Expert) 11 May 2012
you make an application to court that you have already filed transfer petition .since petition is pending no further proceedings be taken in matter . ask for adjournment
Upendra
(Querist) 11 May 2012
I have tried it
the magistrate has speed up the process after knowing I have applied for a transfer.
she is not accepting any requests.
she wants to finish of the case & read the judgement in my wife's favor even before the district judge returns.
so that her her judgement will remain valid in the absence of any transfer orders.
Shonee Kapoor
(Expert) 11 May 2012
Has any stay been granted on transfer petition?
You can also apply a "no trust" in the same court, when the court would be constrained to leave the matter where it is unless the T.P. is decided by the higher court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sachin sethi
(Expert) 12 May 2012
Agree with Mr. Kapoor,, file an application and mention in that you have filed a transfer petition and you are having no faith in Magistrate Court and don't want to get the case decided by him/her.
Upendra
(Querist) 13 May 2012
I tried to skip an adjournment by applying a leave petition. The majestrate has recorder the chief of the witnesses in my absence. Further she is refusing to give a certified copy of the chief until cross is complete (stating that the document is incomplete until cross is done). & further she has given me only one working day as next adjournment & date for crossing.
1) Is it permited to record evidences in the absence of the acused.
2) when my residence is more than 600 km, in an annother state is permited to give such short adjournments
This magistrate is focused on tournmenting & ruining me.
& futher i have applied &received a ceryified copy of petition/complaint.till date i have not been given the accosed copy.
Upendra
(Querist) 13 May 2012
Are these irregularities according to law if yes how do i protest.
V R SHROFF
(Expert) 13 May 2012
do not give any evidence of your income. It is her burden.
What ever judge do, cannot grant Mtn over and above ur income.
the Order is Apealable, and there u can say Trf Appli was pending and Judge is interested party.
As suggested ask for STAY OF PROCEEDINGS.
