Accused "A" was not named in FIR, his name came in confessional statement of "B" a Co-Accused.Charge sheet was filled against "B".Later on Police prayed for the arrest warrant for "A" after that a prayer for the proceeding 82 and 83 of Cr.P.C was also made and was granted.My question is Without Cognizance Magistrate Issued order u/s 83 of Cr.P.C and attachment was done!!Here what action we can take against the Magistrate...Judiciary is playing the role of prosecution...there are several instances where the partisan face of Judiciary came out..
In my 2 years of practice I have observed that Lower judiciary has become the part of the prosecution.It blindly agree with the prayers of the prosecution...
In another instance police arrested owner and the driver of a vehicle u/s 414.The seizure list didnt bear the signature of the accused...In this case Magistrate rejected the bail and in session court today was hearing the judge asked for criminal antecedent of the accused from police and fixed the date on 3 Jan for hearing...
In another case the magistrate sent the accused to other district for the trial of a different case after that he issued arrest warrants against the witnesses and when they appeared in the court the magistrate was not ready to stay the arrest warrant..after a very fierce argument he agreed.
In another case there was a maximum penalty Rs. 500 for the offence. we filed a petition to plead the guilt(Not on the date)the magistrate told he would not entertain the petition as it was not filed on date and taken the accused in custody.then we filed bail application which was granted but the surety fixed was 10000*2.
There is lots of hole in judiciary but no one dares to bell the cat...
I asked the learned members what can be done and how we can improve the situation.??