Judge is biased
Raj
(Querist) 14 September 2016
This query is : Resolved
We filed the 3 transfer petitions , before the CMM, for transfer of 3 connected criminal cases, pending before the MM to court of another MM where the main case was pending. The CMM consider our application as Ill-motivated and Dismiss it without assigning any reasons and transfer all 4 cases to third MM Court . We file the Criminal Revision Petition before the SESSION JUDGE, which is still pending. Subsequently , the CMM transfer all 4 cases to his Court. We came to know that CMM is biased with one of the Respondent, and we have apprehension that fairness will not be given to us, if he heard the cases himself
What should we need to file, when the criminal revision is already pending against his impugned order and he himself is hearing all the cases?
Under which sections , any miscellaneous application could be filed?
Whether we can seek stay so that we should not suffer from his baisedness till matter is pending before the Session Judge? Under which provisions?
Ms.Usha Kapoor
(Expert) 14 September 2016
You bring the biased attitude of the CMM in respect of a particular respondent as he happens to be his relative and explain your apprehensions before the CJI of Highcourt that a biased judge can never render full justice. The CJI has full power to constitute another Judge to hear your case in an impartial manner.
Devajyoti Barman
(Expert) 14 September 2016
You are not clear as to when the CMM rejected your transfer application then how could he transfer those to his own court.
Elaborate on this.
adv.bharat @ PUNE
(Expert) 14 September 2016
Author need to explain the query raised by expert.
Your fact must be clear so that u could get proper advice.
Raj Kumar Makkad
(Expert) 14 September 2016
Transfer of cases merely on assumptions and presumptions is not allowed. If such things do happen so frequently, the system of law shall crumble. It is sen that the transfer of cases on flimsy grounds is deprecated by Higher courts.
Rajendra K Goyal
(Expert) 14 September 2016
Full case file need to be referred, discuss with your lawyer.
Hemant Agarwal
(Expert) 15 September 2016
1. It is possible that the cases were "remanded back" to the original trial court, by the third court or higher court.
2. While completely agreeing with Shri Raj Kumar Makkad'ji, TYPICALLY the CMM cannot be considered to be biased or whatever. There is hardly any logic on this.
3. EVEN if it be so, THEN strategically keep repeat filing "adjournment application" on various ground on every date, till the CMM is transferred.
4. WP can be moved in HC, against such transfers /re-transfers /transfers, citing vested interests, BUT supported with cogent reasons /documents.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Dr J C Vashista
(Expert) 18 September 2016
Read Cr PC or consult a senior local lawyer for finding out appropriate section to file a stay application to avoid any order passed by trial court, where you have the apprehension of the biased magistrate.
Guest
(Expert) 18 September 2016
Dear Raj,
Is there any specific reason for you to consider the CMM to be biased?
Also, on what specific grounds is based your criminal revision petition before the sessions judge?
Rajendra K Goyal
(Expert) 24 September 2016
In the given facts, agree with the advice from expert Hemant Agarwal ji.
Author need to reply the questions from expert P.S. Dhingra ji.
Guest
(Expert) 24 September 2016
Silence of the author for the last 6 days is indicative of his query being an academic query. Had he any reply, he would have answered the same day, I posted my questions.
Rajendra K Goyal
(Expert) 27 September 2016
Agree with the views expressed by expert P.S. Dhingra ji.
Raj Kumar Makkad
(Expert) 27 September 2016
This is not new trend. Generally it is seen.
