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(Guest)

Complaint against judicial officer

Can someone tell me how do i complaint against judge ? In my uncle's case who is already 85 years old has a DV case pending since so many years. The issue was between me and my wife but she dragged my uncle who is already in bed since so many eyars. Now finally the case was on order stage and the judge itself told our lawyer that since my uncle has nothing to do between me and my wife he will remove his name from case. But since 3 dates he kept on saying that he will pass the order. Now suddenly today he called opponent lawyer and said that they should withdraw complaint against my uncle so that he does not have to pass any judgement. I was surprised that a judge would ask opponents that they should withdraw complaint. So i told judge that sir it has never happened that lawyer would do something like this. So instead he said that he would transfer the case to another judge. Now this many months we tried to release my uncle from this harassment and now judge itself don't want to pass any order and he transferred the case to another judge. He said that he does not have knowledge to pass any judgement as he is new so he would transfer the case. So i wrote a letter to district court object that it is nothing but harassment that a judge has done something like this. I want LCI lawyers to advice me how to complain against judge ? As he has no right to transfer case becuase now for us we have to start all over from scrap. I want to complain against this judge and i would appreciate if LCI members could advice me.



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 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     08 October 2015

GO THROUGH THE ATTACHMENT


Attached File : 71947 20151008171245 763239371 complaint against judge .docx downloaded: 151 times
1 Like

(Guest)

Thank you very much sir this will help me a lot.

adv.raghavan (Advocate,9444674980)     09 October 2015

sharing your concern , i advice you not to take such drastice steps, it will be counter productive,and more over the charges narrated by you do not have necessary ingredients to prosecute a magistrate . so would like to advice you to approach High court over the matter and seek solution at the earliest. 

Q Slinger (NA)     15 October 2015

Refer to my post here:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=126496&offset=1


(Guest)
Originally posted by : Adv.Raghavan
sharing your concern , i advice you not to take such drastice steps, it will be counter productive,and more over the charges narrated by you do not have necessary ingredients to prosecute a magistrate . so would like to advice you to approach High court over the matter and seek solution at the earliest. 

 

I am adding some details pertaining to the complaint that i pursued at district court. The district court ordered lower court magistrate within 2 days to pass the judgement. So the judge called me in his chamber and said that why does 80 year old man can't sit quietly. What was the need to complaining ? He asked me to withdraw the complaint saying that he will pass the judgement next day. So next day instead of removing my uncle's name he said that since my uncle was in rush we will have to approach high court for quash. And now he has really pissed me off because first he made us withdraw the complaint and next day he passed judgement against us. So Now i am writing this matter to high court to the injustice tht we have faced. The order that he has passed says that lower court does not have authority to quash DV since it has to be done in High Court only. I do agree with the judgement but what i am really with is that why give us false promise that he will remove uncle's name despite of the fact that he knew and we knew that quash can only happen in HC. In this case a 80 year old is suffering unnecessary.


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