HI everyone,
In one of the matter under section 420, 465, 467, 468, 473 and 34. 4 magistrates changed in the matter during trial. arguments done 4 times for all 4 magistrates. nearly 40 times matter kept for judgement and no judgement was given.
Finally new magistrate came and he shockingly he recalled io - pw3 without informing the accused no.1,2,3 and their advocate and even pp. We were shocked to see him again. as we were waiting for judgement and instead of finishing the matter, it was going back.
Investigation officer in his cross before another magistrate testified that all the property which he recovered was lost in rain and no panch - total 4 can be produced in the court. the only property which he produced in the court was a cpu but the serial no. on the cpu was of different case no, which he admitted that it is of some different case no. he also admitted that there is no labelling on the cpu produced and there is no sign of panch and the accused on the cpu. Even on the discover panchnama there is no signature of Accused No.3.
pw1 and pw2 have testified that they dont know and have ever met any of the panch in the police station.
No signature of the accused No.3 have been taken on Nivedan Panchnama, Jhadati & Ghatansthal Panchnama. No statement of accused no.1 and 2 also taken after their arrest. on maximum statements by io no signature of witness is there.
13th August, 2015 was kept for judgement. then on 13th August, 2015 again 24th august, 2015 was given for judgement. as on 1st September, 2015 judgement was given. After reading copy of judgement, we came to know that magistrate in judgement has mentioned that as per IO’s letter dated 18th August, 2015 he has informed the court that all the muddemaal seized have been destroyed. The pw3 was recalled as a witness by the Magistrate as on 24th August, 2015. But neither any of the Accused, public prosecutor, nor our appointed advocate was given information about the same. We were not given information and any chance to cross him further also. Is this legal procedure or personal power misuse? Is it allowed to recall information or recall witness without informing the same to the concerned parties and directly giving details of the same on the day of judgement so that accused can not cross him and directly face punishment.
As per magistrate the pan card which was main property in the case was lost in rain. magistrate called some officers from the court and told him to find out details of the pan card lost. on the day of judgement, magistrate waved a letter in the court and said the pan card though was lost by rain but is available online for efilling. by putting anyones name you can find out details of his pan card, but you can not find out who made it, who submitted it, who received it. such type of independent inquiry with court staff is allowed??? accused and their advocate and even pp was never informed about it.
no handwriting expert report and handwriting samples were taken by io. so magistrate at his own after 8 years matched signature of the accused on a forged document and signature of the accused on vakalatnama, bail application, pursis matched and at his own decided that the sign is of the accused no.3. this self interpretation we came to know on the date of judgement. no opportunity was given to the accused to argue on this point. magistrate in judgement have said that long time back as per evidence act rules when no specimen signature is available, from the available records signature can be matched. But to match signature is magistrates right and duty or experts opinion should be taken on that. even if you have self matched the signature, should the accused be asked to give explaination and defend himself.
magistrate has taken all the hearsay evidence for appreciation and as per him there is no omission, negligency and contradiction in the statement of pw1, pw2 and investigating officer.
Can magistrate at his own on the judgement decide about documents, search for documents, call any witness and all the above without informing the accused and give direct judgement. all the above 3 points he has decided at his own and he has mentioned everywhere as per my strong belief, as per my strong view etc. this evidence is sufficient to hold accused no.3 guilty.
I have been reading and learning a lot from all the posts of lawyer club and i really need gr8 help from all of you with the help of your points to given complaint against the magistrate who is so self obsessed and biased and is having conviction mind and has taken out his personal grudge on me in a matter where no property, no panch, no handwriting samples, no handwriting expert report has been obtained and pw1, pw2 and pw3 i.e. io all have given contradictory statement.
Now i have to file appeal in the session court.
but i alongwith that want to file complaint against the magistrate.
Kindly guide. thanks in advance.
