498a case and DV case going on. On documents my case is very strong even the Girl has confessed after a year of the case going on,Herself called and told everything how it was planned and manuplated by the lawyers . Have it recorded and CRPC-91 application pending for call details , transcriptts ready.
Case stage evidence PW not present even after summon serviced for like 6-7 dates before. Procecution lawyer verbally mentioned in court that the girl is in some foreign land and would like to compromise my lawyer said get the girl we can do mediation. Last 498a date i was present in court (the majistrate never takes attendence on paper) and no PW summon was serviced so i knew new date will be given. I was in court permises but the majistrate dosent allow to stand inside the court. I was informed that my bail has been cancelled , NBW issued , summon to surieties at 1230 outside the court and it was recomended not to go in as i could be arrested get lawyer. he was arguing a case in session court ( now my new anticipatory bail is pending in the court where my lawyer was and i went in to inform him about the situation) by 1245 i was able to get him go in my court the majistrate got up and went to his chamber as he knew he would request him. then he again went at 130 and we were sitting out. The order came next day that waited till 430 no one came hense the order. I applied for cctv footage outside the courts where my lawyer was and the majistrate court where my case is invoking the life and liberty clause to pio didnt ask for inside the court as its not allowed by SC judgement. I was responded in 24 hrs that HC has instructed them from not to give as its only for court security puropse. I had also asked for the duration of the recording preserved they responded 10-15 days.
My lawyer says get bail first then we will see what has to be done pluss is advising not to take much panga as you want relief fromm the judiciary so bow down and get your work done. I wanted to put crpc91 application for call tower loaction but can put it to the same majistrate court . In 438 bail application i dont know if its applicable and advisable. If i make a complaint case then i would but not untill i get bail and on 3rd was my bail date but since the file didnt come to the session judge in time he gave 5th new date. Pluss i just want to preserve the proofs maybe not make a formal complaint against the majistrate till i get relived from my 498a case or the majistrate dose something wrong again.
The majistrate knows that I am studying law for my case and give written arguments which make it difficult for him to go against me. To secure bail from HC i had to deposite a FD in court and the fate of fd to be decided on the final stages of trial he verbally orgered me to go to bank and do some changes in the FD. I wrote a letter to bank citing "as per the verbal order by the trial court" as he didnt have to authority to direct me he got pissed off and when i submitted the letter in court he thru it away not putting it in case file.
As per information by people in court (I do not allege anything as i dont have proof) Majistrate dosent take much pressure from HC judges , Shedule cast very egoistic, Does take money, Finishes case very fast dosent , has outstanding performance as per their monthly reports .
What should be the practical approch by me. I do not want to compromise as the compromising with the 498a case is the reason we are facing these false cases and I would like to stand against it. Police also tried to harass me , i recorded everything and by studying law made a contempt of court case against IO , full internal inquiry happened she got suspended in some another rape case, got my challan submitted very fast but didnt pursue the Contempt case but all proofs are on record but didnt want to fight police as i dont want to have war at multiple fronts.
