Venkata Mohana Rao (Law Student) 14 October 2017

Magistrate Cross Examining the Cross Examiner

Quick Summary:

Magistrate asked me a question when Iam doing the cross examination of petitioner as Party-In-Person in CRPC 125. I replied one sentence and Magistrate dictated 3 sentences and I raised objection saying after hearing the dictation of 3 sentences to Magistrate. Inspite of that Magistrate mentioned it as 3 sentences.
I reported this to Registrar Judiciary as Magistrate refused to take the memo which was submitted for correcting the deposition. Registrar Judiciary sent it to Principal District and Sessions Judge for taking action. During enquiry Principal District and Sessions Judge said Magistrate has power to put questions as per 165 of IEA also said that deposition can't be changed as both me and Magistrate are supporting our own stand on the statements said and recorded in Open Court.

Now the situation is that Magistrate is recording statements on her own inspite of objections raised and Principal District and Sessions Judge also supporting Magistrate.

Whoom should I contact and what's my course of action

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2 Replies

R Trivedi (advocate.dma@gmail.com) 14 October 2017

Yes, he has the power to ask any question relevant or even irrelevant to anybody present for the case. Generally in such cases your signature would have been taken after recording the answer, and if what you said was different, you could have objected at this stage itself.

Venkata Mohana Rao (Law Student) 18 October 2017

I objected when Magistrate giving dictation and Magistrate also said that she is recorded only the sentence which I said by considering my objection. However when I saw CA Copy I was surprised to see statements ignoring my objection.