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Querist : Anonymous (Querist) 22 November 2010 This query is : Resolved
can any person filed a writ petition against the Judicial Magistrat before the High court and Supreme Court? If FILE then suggest me how i file a writ against a Judicial Magistrate.

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Kirti Kar Tripathi (Expert) 22 November 2010
what is your grievance ? it is very difficult to answer this question without material.

Devajyoti Barman (Expert) 22 November 2010
Yes you could file but the acts alleged in the Writ pettion should involve the judicial function and only the person aggrieved by his acts of misfeasance or malfeasance has got locus standi to file such petition. .

s.subramanian (Expert) 22 November 2010
File a writ of quo warranto.

Guest (Expert) 22 November 2010
what kind of writ? what is your grevience? be clear n specific in your quries.

R.Ranganathan (Expert) 22 November 2010
I agree with expert ajitabh. Without furnishing any particulars a vague query is asked for which one can give a vague reply only.

R.Ramachandran (Expert) 22 November 2010
None of us really know what the grievance of Anonymous is, making him think in terms of filing a writ against a Judicial Magistrate.
Even before knowing the basic details the answers are being given.
As regards writ of quo warranto - it has no application in this situation at all. This is for the reason that Writ of Quo Warranto - is an order or command from the Court questioning the basis or authority under which a particular person is occupying a Public Office. In this case the JM is occupying the office on the basis of the Appointment given by the High Court concerned. As such, his position cannot be questioned through Writ of Quo Warranto.

Raj Kumar Makkad (Expert) 23 November 2010
I agree with Ramachandaran.

s.subramanian (Expert) 23 November 2010
Quo warranto can be filed when a person is alleged to have lost the qualification to occupy that office. It is not confined to the basic appointment alone. Subsequent disqualification suffered can also be brought under its purview.