498a & 406
Mustafa Bhat
(Querist) 30 June 2014
This query is : Resolved
Sir,
In 498A & 406 Case filed by my ex-wife, 8 PW have been examined out of 8 PW 4 PW supported the prosecution & other 4 PW didnot , on 27-06-2014 one of PW was examined who happened to be witness of my divorce, while he deposed his statement in court he didnot supported Prosecution as he has said same in his 161 also, but Presiding Officer ( Judge) attitude was total different he started cross examining the PW on his own & than asked the Prosecuting officer not to call the rest of PW as they are all my neighbors.
And later issued direction to the father of complainant to get his counsel on next date of hearing even though the case is state V me.
I sense the Judge has inclination towards the Complainant.
His approach has been some what similiar to other PW also who didnot support the Prosecution.
Please advise what should i do now.
& what credibility the Judge will keep to the statement of PW who donot supported Prosecution.
ajay sethi
(Expert) 30 June 2014
dont antagonise the judge .judge is at liberty to ask witness some questions .
Mustafa Bhat
(Querist) 30 June 2014
That is true sir.
But the instruction of Judge Prosecuting officer not to call the rest of PW as they are all my neighbors.
Kiran Kumar
(Expert) 30 June 2014
the judge may ask a few questions, but cannot give directions to the prosecution/police not to examine any further witness.
You may seek transfer of case to some other competent court, if advised by your counsel.
Biswanath Roy
(Expert) 01 July 2014
A REAL JUDICIARY CAN MOVE TO ANY DIRECTION TO REVEAL THE TRUE FACTS IN THE DISPUTE.
priyan Sharma
(Expert) 01 July 2014
If you have any doubt that you wont get justice you can file an application under section 410 cr.p.c. before cjm or cmm for transfering the case to another court.
ATUL KUMAR
(Expert) 01 July 2014
yes u can get transfer ur case after consultation with ur counsel and remember there must be a strong ground for the same. show the reasons recorded by the judge for not allowing other pw
Mustafa Bhat
(Querist) 01 July 2014
Sir,
Early my ex-wife in High court in 2011 filed for Transfer application to transfer this case in her district, but the high court kept the case in my district but changed to another Munsif court (present Court) which is centrally located between me & my ex-wife.
Plz advise for transfer application i have to apply to district Judge or to high court.
One more point to add is that in 2011 our town was not having court now we have a court were Munsiff is putting. Can this help me in jurisdiction of case.
Devajyoti Barman
(Expert) 02 July 2014
case is already transferred once, it would not done again.
Mustafa Bhat
(Querist) 02 July 2014
Barman Sir,
Earlier in 2011 It was transferred on the Complainants application.
Now, Can I file the application for Transfer now.
Sudhir Kumar, Advocate
(Expert) 02 July 2014
if you feel that the these witnesses are important for you then cite then as defence witnesses or else you should not be aggrieved if the evidence of prosecution is getting weakened.
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
If the court has told the prosecution to not to examine other PWs, it may be that the court intends to examine them on some other date, this can be confirmed if the court has not dispensed with the said PWs, but if the said PWs have been dispensed with, you can add them to the list of witnesses from your side during defence witness stage. Have patience, every problem has a solution.
