FAKE SURETY IN COURT

This query is : Resolved 
 

(Querist)
28 September 2008

SIRS,
TWO PERSONS STOOD AS SURETY FOR AN ACCSUED, PRODUCING THEIR LAND TAXPAID RECEIPT , ALLEGED TO HAVE BEEN ISSUED BY CONCERNED VILLAGE OFFICER.
BUT ON VERIFICATION, MAGISTRATE CAME TO KNOW THAT SURETIES ARE FAKE....THEY HAVE NO LANDED PROPERTIES....TAX PAID RECEIPT
IS A FORGED DOCUMENT.SO, MAGISTRATE TOOK CAse u/s 463 471 475 ipc by handing over acomplaint to police u/s 190 crpc.
now the same court is trying the matter and magistrate himself was examined as pw1
......fortunately he was transfered by that time ! is it an illegality ?
what is 340 crpc and 195 crpc ?
non--transfering of case to another court will vitiate the trail?
any citations ?


deepak kumar (Expert)
29 September 2008

the illegality was earlier, a magistrate can not be a witness and a judge at the same time of the same case.

ARVIND JAIN (Expert)
29 September 2008

BUT THE TRIAL IS NOT VITIATED. iT IS MERE IRREGULARITY.

K.C.Suresh (Expert)
30 September 2008

Same court is irregular. The magistrate must transfer the case to another court. You can approach the HC for relief.



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