Biasednesss of metropolitan magistrate - height of law & o

Consultant

In past four years significant things have been changed in my life. One of the important notations which has been changed in my life, is the meaning of the word "woman". Start of this change happened with 498a case, it has been a decade now and it's not coming to an end; thanks to Indian Supercops, Indiana Jones Judges and rhetoric unresponsive system. I have observed that woman in legal cases always have upper hand and judges would love to favor them like anything! I've gone through many legal cases on false 498a, defamation, adultery and perjury and in all these cases, culprit woman is always being secured by our judicial system.

 


Even in case of adultery, Supreme Court is at no-par of saying that woman can't be prosecuted against adultery. My questions to respected lawyers and other judicial committee member of this forum that why so much freedom has been given to woman. This is only leading to lie, deceit and betray to some male counterpart?

 


I would take an example of my legal DV case. In the month of June'2013, court had ordered me and my estranged wife to submit the evidences as per "Puneet Kaur vs Inderjit Singh Sawhney". It had been very well said by Metropolitan Magistrate that any false evidence in the court is liable for 7 years of imprisonment. A clear order had been given to both of us. I'd submitted my documents along with evidences as per court order but when it came to my estranged wife, she had submitted documents after three hearings and that's also without having any evidences! No evidence was submitted until judge "requested" her to submit those documents. My lawyer keep insisting to show us proper evidences of the filed documents upon which she has only given half of the evidences. Meanwhile, I did my homework and showed the court that she is hiding her bank and perks related information which is guiding factor for interim maintenance. Upon filing application for section 340, Judge had fumbled my DV case and started leading the other cases (498), which was dead for almost one year...! In no time, Judge started pressing the other cases in other direction and occasionally hinted my estranged wife to press more charges by asking questions (i.e. have you filed separate case under section 125).


 

In 498a case, Investigation officer reported that my father and mother should NOT be inquiried as charges against them are generic in nature and no evidences have been filed by petitioner. Judge had asked investigation officer to change the statement in the charge sheet and put them under section # 11 from section #12. I was so much surprised to see such biased nature of MM. When Investigation Officer (IO) has no evidences and complaint is so much generic in nature, how come a judge can favor petitioner on such cases. Believe me, this is not just one odd story but it's with most of family court cases.


I never understand, how come a "Judge" can call a petitioner "bacha" and show her a soft corner when both the parties should be treated equally. I have a feeling now that one day judge would order an red-carpet for her so that she does not have any problem in coming to court.


I feel this is high time when we should outsource our law and order to some developed country. I am pretty much done with Indian Law and Order; It's stinking so badly.  People has lost their sense of doing their job right. No offence to anyone but it's regretful for me..!


Mango

 
Reply   
 
Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Law and in law are made for each other. Have you ever wondered by law has been added in the word in laws? 

Its irony that both follows each other and in india laws are made exclusively for the husbands in laws I.e wife and her gang.

Biasedness is the birth right of our indian judges to exonerate these most beautiful and fragile creatures in terms of being a woman.

But that only follows for wife and not for other womens in the family system.

 

Yesterday i was reading an article against misuse of law where a 30 year old wife made accused of a 80 year old mil for beating her black and blue. But the fact was that mil can't even stand on her feat, she Iis on wheel chair for last three years.

The height is that in these disputes the wife even puts the name of infants who not even knows the spelling of milk.

In the whole world when other countries are progressing in their economical figures our india progressing in false 498a figures.

I too had a 498a story...is soon going to be realeased.

Joke of the day:

In india every male child should be vaccinated for 498a just like polio.


Total likes : 1 times

 
Reply   
 


Worker

a woman being abettor, can not be punished in adultray case


file crpc 340 - 

fight the cases on merits

take the matter up to SC.


or give them money and compromise.


there is NO THIRD OPTION.

 
Reply   
 
Worker

i have filed 3 different criminal complaints at 3 different courts against the lady who married me.

not just a single allegation pertains to the happenings before our desertion.

1) 494, 117, 109, 34 - also bail cancellation application in this case + crpc 340

2) 406, 417, 420, 211, 500, 501, 34

3) 417, 109, 34

all these cases are running at 500 kms away from her home/current residence

 

2 separate crpc 340 applications filed in 2  different cases (1 civil & 1 criminal) against her

around 20 complaints filed at her government office

filed crpc 107 application at SEM

filed ipc 182 application at SP

also filed writ in bombay HC against SIC, nashik.

 

provisions khatam ho jayengi ... abhi tak koi nahi hila ... i wont quit



she could file only 1 case against me u/s 498a ... this will be dissmissed for want of jurisdiction.


fight fight fight


Total likes : 1 times

 
Reply   
 
Consultant

Thanks Every Sufferer is a Saviour. It's time now when every male child should be vaccinated for 498a just like polio...!

Amit @ I agree with you that I have to fight hard. I assure you that I won't bow my head against this extortion until my last breath. For me, I'd to give lessons to my upcoming generation not to bow head against any illegitimate and ruthless demand/system.

 

Mango

 
Reply   
 
Advocate

Lowering down the prestige and dignity of the Judiciary and Magistrate by publication to the public tantamount to Contempt of Court.  Refrain from doing so for good.  A member of the Judiciary can be biased but that can be remedied by law.

 
Reply   
 
Consultant

Respected Biswanath Roy @ I was under the same impression that "noone" ought not show any disrespect to law & order and refrain himself/herself from going on public in such matters but when I saw Metropolitan Magistrate calling a woman with criminal intention "Bacha" and deliberately indulging husband's old mother and father into sections, it was more than enough to bear this. When I asked my lawyer what happened and how come a Magistrate can change the FIR application out-of-blue, nothing come out from my lawyer's mouth. My lawyer has given a very generic answer "It was for our good". My mother has problem walking and twice the "government" medical certificate was given to Magistrate.

This was not the last point, I consulted one more senior advocate that how come a person can be called upon when a "government" medical certificate is already presented for the same and how come judge can misuse her power to press Investigation Officer (IO) to put more charges and change sections?

I've no worries now and I am not scared to bring such matters in public as I know, people inside the Indian legal system have already sold their souls and are lethal bodies to make profit out of others loss.

This would not be stopping point for me. Once it's over, I would be sending my complete story to global media to explain the situation of Indian law & order. It's not just regretful but it's extremely shameful too...!

This is not over yet, and it won't be now... The things which has started would not be closed without having a proper resolution...

And on your last point, let me ask the same question which I'd asked with several advocates -

"A member of the Judiciary can be biased but that can be remedied by law."

What's the remedy of such thing in law?

No answer, deep breadth and a moment of sigh is enough to conclude that what we are living under!

Mango

 
Reply   
 
Advocate

At the outset I say that Mango is a favorite fruit all over the world  and every body likes it  except the Magistrate, this is really surprising

But there are ample remedies to your grievances namely,-

1. You can submit a Writ of Mandamus under Article 226 of the Constitution of India stating the illegal conduct of the Magistrate and his performances out of his (or mis-use of) legal power and competence as nderlined in the Cr.PC.

2. You can submit an application before the ADMINISTRATIVE COURT HEADED BY THE HON'BLE CHIEF JUSTICE OF THE HIGH COURT complaining the illegal conduct and biased attitude and performances shown in dealing with the criminal case by changing FIR etc.etc.

About 10 years ago I moved a Writ of mandamus complaining the conduct of Learned ACMM of Kolkata before His Lordship Hon'ble Mr. Justice Jayanta Kumar Biswas and His Lordship gave me liberty to move my complaint before the Administrative Court under the Hon'ble Chief Justice of Calcutta for redress. Hearing such an order Learned ACMM was shrinked.

 
Reply   
 

I go with learned senior Advocate Mr.Biswanath Roy sir.  If you have grievances against a particular judge, there are various measures by which this can be brought to the notice of the higher authorities, but we should not indulge in the activities disrespecting our own judiciary.  Our judiciary has got its own name, fame and reputation all over the globe as one of the finest judiciary, we should not let our own country's name down due to our personal grievances against some erring officials.  Hence, better be watchful about what you utter in public on such issues.

 
Reply   
 
Consultant

Respected Biswanath Roy Sir - Thank you for guiding me how this subject can be handled within Law and Order framework. I wondered why this information and article was not provided to me earlier by some other senior advocates. I have no intention to shrink Metropolitan Magistrate but I just want justice for me and my family.

It is an inspiring example for me how you have handled learned ACMM of Kolkata and rightfully lead the case to justice. I'd seen enough in court which is more than enough to believe that a lawyer can be so much truthful and honest.

I never bribe anyone until and unless there is a pressure on me from top. There is only two regretful event in my life which I can still remember. Once my dad asked to pay the bribe to investigation officer for my passport and second is, when my lawyer asked me to pay 100 rupees to clerk in the absence of magistrate for next hearing date. For the foremost event, I never blamed my dad even though I was just 18 year old but for second one, I don't take any responsibility; it's how system is designed!

I hope you understand where I am coming from and how much I have seen inside the court...!

Mango

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu