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Victimof498a (Learner)     30 November 2011

Action on judge

In one of my 498a judgements, i have been convicted for 2 years for Simple imprisonment as i didnt hear for what judge as told. He was saying if u take her home with out any condition you will be left free(this was orally told). I told as i have been fighting this false 498a case from the past 5 years, i will go legally.


Though it was a private case and never police nor arrest has heppened, but in his jusgement the judge as written some thing like

1. Date of commencement of office : xx.xx.XXXX

2. date of report:xx.xx.XXXX

3. arrest of accused : xx.xx.XXXX


where in arrest has never happened.Can we file a case on the judge for this???


Please help,



 13 Replies

J.Peter Rajamanickam (PRO)     30 November 2011

As per law, you cannot take action on the Judge, as per your consience you may be right and you are at liberty to sit on a roof top and scream on the injustice meted out to you, a form of releasing the "hatred energy" that has built within you. According to Law you can file only an Appeal. You say that you had been sentenced to 2 years and yet we are able to read your posts. Are you posting this message from Jail? May be you had got your sentence suspended on Appeal. Even if the case is decided in your favour in higher courts, YOU CAN NEVER TAKE ACTION on the Judge who had sentenced you to 2 years.

If you are acquitted by a higher Court, you might ask again because you feel that the trial Judge who had sentenced you is wrong and so action should be taken on the trial Judge since the trial Judge is at fault. If you and I had committed mistakes in the discharge of our official duties, we are taken up by our superiors either by way of issue of a memo or officialy chargesheeted. But in the case of Judiciary, even a mistake committed by the subordinate Judge is silenced, eventhough he is at fault. This attitude had always tended the trial court Judges in directing the advocates "OK, you seek remedy from a higher court". By exclaiming such remarks in an open court, the common man like you is perplexed and is at a loss to understand as to who is higher and who is lower?  The smaller Judge tells you  " to seek remedy from a higher Judge". In essence they are actually subordinating their superiors and yet be free from all type of disciplinary actions, even if the smaller Judge is at fault.    

1 Like

Kumar Doab (FIN)     30 November 2011

Very astute observatgions and remarks by Mr. Rajamanickam.

A way has to be found to shame and tame them.

Victimof498a (Learner)     30 November 2011

Hey peter

You said correct. i got bail on the same day from the same judge and went for appeal in the district sessions judge, but how can the lower level court judge be so harh without considering the facts and write whatever he feels like and play with innocents life and their career. With this conviction  order the opponenets will try to spoil our personal and professional life, but will never tell about the appeal and the order got set aside.

with this the opponenets will be have great time and we will be humiliated to the core and will not have hopes on the judicial system.


Thanks for the way you have clearly elaborated and we have to move ahead with this system and fight back.


Manav Kalia (Arguing my own cases..)     30 November 2011

That's why people are pressing for judiciary to be brought under the ambit of the lokpal bill..

Balaji Bakthavathsal (+919444448455)     30 November 2011

Yes, I too agree with Mr. Mirage. I too have heard and practically seen that at times judgments are bought or favoured against the justice. I can show a lot of examples. The judicial system should be completely revamped.

J.Peter Rajamanickam (PRO)     30 November 2011

Who are the customers of court? The General Public, not the good public but the "bad public".A court can't exist without the presence of bad society. To preserve Ten Commandments, we are having 10,000 laws. Recently the Supreme Court had ordered to release 3 men free, because the dead man reported to his village alive after 10 years. The injustice meted out to the 3 men was corrected by Justice, but law did not rectify the 10 years of suffering of the 3 men . Rather let the crime of the guilty go unpunished than condemn the innocent.You can pardon a guilty 100 times rather punish an innocent once.


v.Manav (SECY)     01 December 2011

dear   victim /  replier  and  lawyers  club 

I can  sympathise   with  victim  and  genl  litigants  of  India . In  many  litigatns  done   we  find  that   judges  make  any  order  as  per  their  fancy ---with  total  disregard  for    written  law .  then   genl  public  have  to   go  thro  higher  courts at  huge  expences    time  /  frustration  etc  .  This  loophole givs immense  power  to  lower  court  judgs  ,  many of  who  misuse   it   t o   make any  behaviour  with litigants /  lawyers  ,  often  learnt  to  take bribes  or  influenced  by  power  to   give  any  order  --even  against  law   or  total   trash  --we  hav  proof  of   judgment  quoting   195 IPC , where  appln  made  under   Cr.P.C.   .

we have  formed  a  Litigant  forum   to  address  this ,  file  case  of   CHEATING  against  law  itself    and  or   have  laws  made  to   make  judges    as  ordinary  Public servants   drawing   salary   from  public  money ,  acountable  to  Stamp  duty paying    law  consumers ,  not  be  addressed    as YOUR  HONOUR  /  MY  LORD    ETC 

ANY   Indian  citizen     welcome  to join   thuis  movement  and may write to    VIGMANAV@YAHOO.COM  or  etc   or  thro   lawyers' club  .  thanks    and   condolence  to   victms   of  Indian  law  systm   TILL  WE  CAN   REFORM  .


v.Manav (SECY)     01 December 2011


Kumar Doab (FIN)     01 December 2011

@ v.Manav :

Pls provide your website address.It shall help many.

J.Peter Rajamanickam (PRO)     02 December 2011

Dear Mr.Manav,

       You have provided e-mail address. Do you have any web-site address?

Shantilal Pandya ( Advocate)     03 December 2011

 action  can be taken against he  judge also  if the  order   made is   not  with  good faith  and   it is  with apperant  disregard of   applicabe  laws, 

J.Peter Rajamanickam (PRO)     03 December 2011

Dear Shri.Shantilal,

                                  What sort of Action? Can you provide one instance of the Judge being punished for erring in his Judgement?

saharaaj (n/a)     03 December 2011

legaly judges are answerable to God and not to mortals .

Chappal and thappar action by aam admi is manifestatoin of helplessness

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