My query is,
An application was filed u/s 340 crpc in December 2022. The magistrate kept giving long dates and the argument finally on 1st July, 2023. It is part heard and further listed today i.e, 11th August 2023 for my argument.
The magistrate all of a sudden today, ordered the original complaint to file his say on CRPC 340 application. I referred the Jasbir Singh v. State of Punjab judgement wherein, Hon'ble Supreme Court has clearly said that "to be accused" should not be heard unless summoned.
The magistrate was reluctant to read the judgement and passed the order calling upon Original complainant (Accused in 340 application).
Now, please direct me if I should go which of the options below,
1) to file recall application for recall of order
2) to file application before his superior i.e., CJM (for transfer of matter to his court.
3) to file an appeal u/s 341 crpc before Seasions Court or high Court.