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Sidharth   16 July 2016

Power of chief metropolitan magistrate

Dear All,

I'm facing trial of 498a from last 8years but Magistrate has not even completed the examination in chief of complainant Magistrate is only giving long adjournments, I have the judgement of SC in which SC has ordered all trial courts not give adjournment in between recording of statement and cross examination 

" To follow the provision of section 309 CrPc in every trial of criminal case. The Court has a sacred duty to see that the trial is conducted as per law. If adjournments are granted in this manner it would tantamount to violation of rule of law and eventually turn such trials to a farce. Therefore, we think it appropriate that the copies of the judgment be sent to the learned Chief Justices of all the High Courts for circulating the same among the learned trial Judges with a command to follow the principles relating to trial in a requisite manner and not to defer the cross-examination of a witness "

 

Can I appeal to CHIEF METROPOLITAN,  to order magistrate to follow the judgement, 

If yes in which section. 

 



Learning

 2 Replies

Sidharth   16 July 2016

Or I should approach to session court under section 397 ?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     17 July 2016

Neither will work .

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