misconduct of judge
Querist :
Anonymous
(Querist) 25 December 2009
This query is : Resolved
There is 498A case filed against me in 2002 and now it is at stage of evidence . But now development is we are leaving together and given application for withdrawn of case.
But lower court judge is showing misconduct and behaving very rudly.
1.he did not allow the compromise citing that it non-compoundable . we showed him citation of high court and supreme court.
2.he was asking our lawyer why you are taking initiate to close the case , let it run for longer period , what you will get by closing.
3.Third time he asked all evidence to come , but he did not take evidence and give next date.
4.on next date he say , I will take one evidence today only and gave next date.
5.This way he use to take one evidence and give next date for next evidence.
5.one day he called all accused and gave reason that we have to give some important information to session court and there is no electricity , we can take accused statement.
We explained him that I am doing job at 400km away from this place and its difficult to attain the date frequently. But he misconduct in open court, asking question, why you want to close the case. If you want to close the case then why you filed case. Let case run for another ¾ years.
I want complain against this judge , what the procedure and where to approach for complain?.
Can i send the complain through mail to session court , chief justice of high court or any judicial body.
Rgds
vasant
Raj Kumar Makkad
(Expert) 25 December 2009
You can approach Sessions Judge personally and can bring all the facts in his knowledge. He shall definitely consider all the situation and shall do the needful.
Arvind Singh Chauhan
(Expert) 25 December 2009
(1) As far as the withdrawal is concerned,if it is state case, can be withdrawn only on the request from state. For this you can make a correspondence with governor praying the same. If withdrawal is sought by state and is rejected by court, You can file revision to Session court.
(2) File an application for expeditious hearing in the interest of justice. If it is rejected go to the session court.
(3) Approach to HC for quashing the proceeding on the basis of compromise. In matrimonial matters higher courts apply very lenient view.
(4) Or personally meat to Session judge and put your grievances before him.
Khaleel Ahmed Mohammed
(Expert) 25 December 2009
You are advised hereby to consult concerned police station, and state all the developments and request them to withdraw the case.
PJANARDHANA REDDY
(Expert) 25 December 2009
IN A.P 498A IS COMPOUNDABLE, IF IT IS OUT SIDE AP, YOU CAN APPROACH THE CONCERN H.C UNDER COMMON(BOTH A1 AND LW1) PETITION, TO QUASH 482 Cr.P.C. THEN H.C CAN QUASH THE SAME DIRECTING THE COURT TO WITHDRAW.
N.K.Assumi
(Expert) 25 December 2009
The way the Judge is acting is alarming.
bhupender sharma
(Expert) 25 December 2009
why don't u go for quashing of the case under section 482 Cr.P.C.
Sachin Bhatia
(Expert) 25 December 2009
You can directly approach to the Sessions Judge and give him a written complaint against that judge.
Querist :
Anonymous
(Querist) 25 December 2009
can i send complain through mail to session court and chief justice of high court?
K.C.Suresh
(Expert) 26 December 2009
Withdrawal is dealt U/s 321 Cr.P.C. It is self explanatory. The 2nd part of your query is about the conduct of the Judge/magistrate. May be there are so many reasons for such a conduct. please clarify it with your advocate and then decide what to do against the presiding officer.
Adinath@Avinash Patil
(Expert) 26 December 2009
IT IS BETTER WAY TO FILE APPLICATION U/S 482 FOR RECALLING ISSUE PROCESS.
Ashok Yadav
(Expert) 26 December 2009
you have only two ways
1) You can approach Sessions Judge personally and can bring all the facts in his knowledge
2)Go HC for quashing of FIR u/s 482 Cr.P.C.
