magistrate is the complainant, trial in the same court !
WHATSAPP 91-8075113965
(Querist) 01 September 2010
This query is : Resolved
sir,
in one of my case, allegation is that accused produced fake tax-receipt in court and he was taken in to custody on the spot and magistrate took cognizance u/s463, 471, 475 of IPC AND FOREWARDED THE CASE U/S 190(1)(C) of crpc.here, magistrate is the CW1.same magistrate tried the offence for some time and subsequently got transfered to some other place.and trial was conducted by some other magistrate. AND , NOW, all the witnesses has been examined, except the investigation officer.if the previous magistrate was not got transfered, it would have been an embarassing cituation, as the CW1 and magistrate is one and the same !
now the present magistrate understood the illegality of the trial being conducted in the same court, transfered the case urgently to CJM.
NOW MY QUESTION IS THAT, the major part of the trial has been over in the old court, which itself is the complainant and now only the investigation officer remains to be examined.so, the transfering of the case at this juncture, will legalise the whole trial ?
how far this illegal trial will be favourable to the accused ?
please furnish me any ruling to the effect that accused has been prejudiced by this illegal trial .
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
Surrender K Singal
(Expert) 02 September 2010
The CJM would most likely order for the trial afresh after these facts are brought to CJM's notice and would ensure no prejudice to the accused in the interest of justice !
