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Manohar Manu (NA)     06 January 2017

Criminal case against judge

Hi Legal Team,

Is it possible to file a criminal case against magistrate, if he gives punishment with partiality and we have proof that he has given wrong judgement. If it is possible, then what is the procedure? Pls advice on this.

Regards,

Manohar.

 



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     07 January 2017

The remedies are filing appeal and making a written complaint to District/HC Vigilance.

A judgment has to be challenged only through court.  Focus on ultimate remedy.

HIRAL THAKKAR (ADVOCATE )     07 January 2017

File appeal that is the only solution

Manohar Manu (NA)     07 January 2017

In my case I was the accused no 1, in 498A case.

Complainant and her parents in their cross evidence agreed they have used police power to register FIR and chargesheet. Same was been recorded. But magistrate in his judgement has written Witness i.e complainant and her parents have denied the use of police power.  Which seems to be a bias judgement

Complainant said in her complaint she has given many ornaments as dowry and in her cross evidence she said nothing has been given. But Magistrate has written complainant has given many ornaments.

In complaint she has mentioned I stopped her on my gate on 05/04/2015 and used filthy language against her and her parents. & threaten to kill them. Case was registered under 323, 506 along with 498A. Magistrate stated in his judgement that prosecution failed to prove 323 offence but proved 506 offence. How one offence can be proved and other can't, which (according to complaint)happened at the same time. Is this not the bias judgement.

Now tell me what to do with this corrupt magistrate. I have all proof for his bias judgement.

Conviction sentence is suspended and we have applied for stay on this judgement. Is it ok to register complaint with Vigilance Registrar of High Court. If i register complaint with the registrar will it affect my case.

Is there any time limit to register complaint against this corrupt magistrate. Pls advise me on all these things.

Regards,

Manohar.

 

G.L.N. Prasad (Retired employee.)     07 January 2017

The above stated  process is one and the same whether you provide details or not.  When laws are framed, no other remedy is possible, unless you can establish the guilt with documentary or oral evidence.  On the other hand, if they find that your complaint is not substantiated, they can frame you in another offence of making false complaint against govt.servants.


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