Sir,
I have a query regarding NIA 138 and would be more thankful if you could help me to understand the case.
1CC case of NIA 138 has been registered against the accused, and before to the 138 case accused has also registered 1CC case U/s IPC, before his jurisdictional SDJM against NIA 138 Complainant which was order to police for investigation and after 5 year police submitted the report stating that the complainant is not cooperating with police, hence complainant(who is accused in NIA 138) file a protest petition before that same SDJM and it was allowed and now the wetness examination is going on, in between the complainant who is accused in 138 case came to know that his accused statement is pending before the concerned SDJM of NIA 138, and then he went the same court and recorded his statement and very next day his defense is also been conducted.
And the twist is come when he applied and got the certified copy of the same order he found that his statements are not been recorded properly and rest all is recorded incorrectly.
I mean complainant becomes accused and accused become complainant as per the certified copy.
Now my senior suggests that the accused of NIA 138 who is our client should go and meet the concerned SDJM in hi's chamber and urge him to rectify the order, but sir as far my knowledge, SDJM does not have inherent power to rectify his own order/mistakes( I may be wrong), and I am suggesting him to file a petition before the same SDJM or before JMFC or District Judge for the same, and this is not the first wrong order by the same SDJM, The SDJM has already passed some more such kind of ordered also in the same case like… the said SDJM has allowed NIA 138 complainant to produce wetness without intimating the accused lawyer nor accused also, and then imposed file on accused due to non presence. Anyhow,
My senior says, he should go and show the detail to the SDJM in his chamber. Moreover
I am seeking your advice how to handle this case
Can the accused file a petition before District Judge seeking transfer of the case to some other place for a fair trial, giving references of those wrong order which he has passed in past in the same case, or file recall petition before the same SDJM to record accused statement and conducting his defense.
Please light me up.
Regards
Amol
