Judge is purposely delaying the case in evidence stage
ZABIULLA
(Querist) 08 April 2014
This query is : Resolved
Dear Sir,
I am a accused under section 420 and 120B, now after 5 years the case is in evidence stage, the Megistrate is purposely not allowing the complainant to give evidence, he is just making us to sit int he court hall for the whole day and in the evening at 5 pm he is giving another date. We are fed up that nothing is working out in the court, simply waste of our time. Kindly advise me what shall we do now. In the other hand the complainant is not ready for any kind of out of court settlement, he want only to contest the case.
SURESH BV, Advocate
(Expert) 08 April 2014
Dear Zabiulla,
Well you have not stated the reasons as to why the Magistrate is acting in the manner you have stated? Find out of reasons. If the reason being that the Magistrate is known to the Complainant or if he is prejudiced, you can always seek transfer of case from one Court to another.
ajay sethi
(Expert) 08 April 2014
generally courts are over burdened . hence cases not taken for hearing . you nee not attend on each date . make application for exemption from personal appearance until further dates
Devajyoti Barman
(Expert) 08 April 2014
If the de facto complainant is present in court, the court can not postpone the evidence of him unless the PP prays for time.
You go to high court and apply for order of direction upon trial court for disposal of the case in a specified period of time.
Rajendra K Goyal
(Expert) 12 April 2014
Generally court does not adopt such attitude till they are overburdened.
You can prey to transfer the case to some other court.
