Doubt about integrety of adj
Goapl Garg
(Querist) 19 February 2017
This query is : Resolved
One of my relative at my home town in Ganganagar, sold away my property acting as my POA Holder but there was no such POA from me to him.Even the original Titel Deeds are still with me.A Report was filedand Police registereda post investigated FIR u/s 420,467,468,471,120B against the relative and upon further investigation two of his sons and the buyer was also added and all of them were charged under same section as the two sons have signed all the forged sale documents.All these people were very influential and powerfull.They managed to change the IO once they were found guilty and by this procedure the investigation was changed and handled by local Ps, Circle Officer, Distt.SP, and the IGP Range, but all ratified earlier findings, and all of them were arrested, were behind bars for 40-50 days each, were out on Baiul from High Court, Charge sheet submitted, Magistrate retained all charges as per charge sheet, trial began.Meanwhile all of the accused have moved to ADJ Court with Crml Revision Pettetion separately, which have been heard and arguments are complete on 10th Feb,2017 but the Judgement have not been declared for which 16th Feb was fixed and a new date is given on 28th Feb for the same.Meanwhile it has come to my knowledge that the ADJ has been influenced and is likely to accpet their Revision Petetion dropping charges against them.The same ADJ has delivered some exceptional judgements in such crml revision petetions in recent times which are talk of the town, i.e. prouncing accused of crime u/s 304, 307 498A as not guilty, charges dropped.I suspect foul play going on and I may stand to loose my battle. What should I do ? I stay in West Bengal. My local advocate advise to file application for transfer of matter to other similar Bench on the ground of no confidence in the justice from this Bench. I am very apprehensive about it, its procedure, its ramification or adversity on me. Kindly guide as matter is Urgent.
Thanks
Adv. Yogen Kakade
(Expert) 20 February 2017
As the final order of the court is still pending, it is irrelevant to make such statement. You always shall have an option to appeal at the higher court. And your case is not like 498A.. You have a different case. And it seems that you certainly have merits in this case.
Rajendra K Goyal
(Expert) 21 February 2017
You asked:
but there was no such POA from me to him
Reply:
The criminal case is pending against culprits, wait for the outcome.
You said:
the original Titel Deeds are still with me
Reply:
property can be sold even if seller is not having previous original title deeds at the time.
Rajendra K Goyal
(Expert) 21 February 2017
You said:
Meanwhile it has come to my knowledge that the ADJ has been influenced and is likely to accpet their Revision Petetion dropping charges against them.
Reply:
Should not blame judiciary till have concrete proofs.
You said:
The same ADJ has delivered some exceptional judgements in such crml revision petetions in recent times which are talk of the town, i.e. prouncing accused of crime u/s 304, 307 498A as not guilty, charges dropped.
Reply:
Cases differ from other. Any finding can not be generalized. Nothing can be commented without referring the case file in detail. Has any such findings arrived by appellate court in the case?
You said:
My local advocate advise to file application for transfer of matter to other similar Bench on the ground of no confidence in the justice from this Bench.
Reply:
May show full case file and have second opinion from some other senior lawyer.
