A week back it was fixing of charges and since the electricity had gone that day, Judge asked me to come by myself today for signing the sheet. This judge is a new 26 year old & recruited only 2-3 months back.
When I went to the judge today, he gave me a sheet of charges which read like "On xyz date, I assaulted my wife with a BLUNT WEAPON...(under 323)... On such and such date I assaulted her...". Total 5-6 points. I was amused at reading this and told the judge that these charges are completely baseless and there is not even any mention of assaulting the wife with a weapon/stick or anything like a weapon anywhere in the FIR.". Moreover, there is no evidence that my 498A has submitted!
Judge said it must be there somewhere in the FIR, that's why he wrote it like that. (Now, I remember the FIR by heart and believe me there is NO mention of any assault with ANY object). I asked him whether my signing this sheet amounts to acceptance of guilt on my part. He said no! there will be trail and said "hum kis liye baithe hain, hum faisla karenge"! So, I signed but I immediately felt that Judge is trying to FRAME me big time. Now, he has given date in Nov. for prosecution witness!
Is this how CHARGES are fixed, by mentioning "On XYZ date, I assaulted my wife..."? I strongly feel the judge might be partial since this judge's father and a relative of my lovely 498a were practising law together in Delhi High Court earlier. Can some application be filed against the judge in sessions?
My lawyers are actually a senior lawyer and his 2 sons. The senior lawyer is top lawyer, argued very well during my bail but now prefers to send his children for all presence. Even during argument on charge, the senior lawyer didn't appear on my personal request as well. He shows to take interest when I speak with him at his table but doesn't go to the judge. Other lawyers suggested senior lawyers go only at times of cross and argument. Is it true or should I think of changing my lawyer?
Please reply a little in detail. I am concerned by the way this judge is behaving.