Chief Judicial Magistrate as Respondent
Jainodin shaikh
(Querist) 01 December 2010
This query is : Resolved
Can a Chief Judicial Magistrate be impleaded as 'respondent' in a criminal revision application if his/her order is ultra-virus one (beyond the boundries of law inforce or which is based on the outdated principles of law not recognized by the Cr.P.C. )?
Is there any caselaw on this point? If yes, please post it as attachment.
Thanks!
yogesh
(Expert) 01 December 2010
No, he cannot as Judges have the immunity under IPC for discharging duties
R.Ramachandran
(Expert) 01 December 2010
Dear Jainodin,
As a Lawyer you know that judicial authorities cannot be impleaded for their acts done while discharging their judicial functions.
At best you can only prefer an appeal against the orders if any passed by the judicial authority.
Advocate. Arunagiri
(Expert) 01 December 2010
You file an appeal against the order.
You can present a complaint on the illegalities committed by the CJM, to the Registrar of High Court.
After 30 days from the date of filing your complaint, get the info from the HC through RTI.
Jainodin shaikh
(Querist) 01 December 2010
when I searched in www.indiankanoon.org the words 'vs. chief judicial magistrate' it displayed 35786 matters filed against C.J.M. in High Courts.
what does it mean?
Jainodin shaikh
(Querist) 01 December 2010
BTW how to delet a post or reply?
R.Ramachandran
(Expert) 02 December 2010
Dear Mr. Jainodin,
If you say you saw in www.indiankanoon.org a display of 35786 matters filed against C.J.M. in High Courts, please attach a screen shot of the said display, so that I can get back to you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 December 2010
Why unnecessary problem with court , file revision and argue the defects if real you will get order in your favor .
Just because the order is not your favor so you can not implead any Judge . There can be many views for same evidence and that is why higher courts are there.
R.Ramachandran
(Expert) 02 December 2010
Dear Mr. Nainodin,
In your earlier post you had said that the search words are "vs. chief judicial magistrate', which did not throw any items (though you claimed that there were 35786 entries).
But from the screen shot I find that the actual search words employed by you are
"v/s. chief judicial magistrate"
If only you had opened and gone through one or two such entries, you would have realised that the cases pertain to petition u/s. 482 Cr.PC or other appeals against the orders of the CJM and not complaint against the CJM in his personal capacity.
Sri Vijayan.A
(Expert) 02 December 2010
I too join with Mr.Ramachandran.
The search shall fetch all garbages containing the search words/tags.
Against CJM means against the order of CJM which means nothing but APPEAL
Jainodin shaikh
(Querist) 03 December 2010
I already mentioned in my question 'revision against cjm' and not 'complaint against him in his personal capacity'.
My basic question is:
Whether the post of judicial authority can be made a party in revision/appeal agains its order or not? I dont mean 'AGAINST THE JUDGE PERSONALLY!'
R.Ramachandran
(Expert) 03 December 2010
I fully agree with you Mr. Jainodin that the post of judicial authority should not be made a party to any proceedings.
However, it seems that such authorities have been made a party in as many as 37586 cases and cases have also been disposed in such situation. But one has to study the circumstances in which such things are being permitted.
