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Q Slinger (NA)     16 December 2013

Biased judge: planning for transfer of case

Dear Experts:
 
I currently have a 498a and DV case in trial court in Hyderabad, AP. The judge in our case is extremely biased. The following points will reveal his bias:
 
- Rejecting bail multiple times
- Giving adverse judgement on passport even when the supreme court guidelines were cited.
- Allowing opposite party to give representation in 498a case even before the trial has started.
- Allowing pleadings and petition to be admitted from the opposite party in a 498a case.
- Pressuring me compromise with the opposite party based on MIL's request.
- Giving negative judgement for brother's (A4) passport based on a petition filed by the opposite party. Although he has been releasing other A1's passports in other cases.
 
·     
Based on the above, I have ZERO confidence if I will get fair judgement with that particular judge in the trial court and wish to transfer my case out of that court to any other court within the same city.
 
My lawyer says, we will file the transfer petition in  sessions court where as others have suggested to file it in high court.
 
Can the experts clear this up please? Which court should I file, if I want the cases to be transferred within the same city? Should I file 2 separate petitions, one for 498a and one for DV or a single petition?


Learning

 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2013

if both the case is pending in same court then one transfer petition is enough, filing in session court will be better 

Q Slinger (NA)     17 December 2013

Hi Nadeem, yes both cases are in teh same court and with the same judge. However, my lawyer says it is 2 petitions because

- 498a is between me and the public prosecutor

- DV is between me and the opposite party

 

Hence 2 applications are needed. I found it confusing as well.

Q Slinger (NA)     17 December 2013

Hi Nadeem, yes both cases are in teh same court and with the same judge. However, my lawyer says it is 2 petitions because

- 498a is between me and the public prosecutor

- DV is between me and the opposite party

 

Hence 2 applications are needed. I found it confusing as well.

sridher (system analyst)     17 December 2013

better approach HIgh court You can also file the case in session court. for transfer the case with in the same juridiction.

if you r ready if you know any body you just complaint about judge saying that judge is pressuring you to compramise then the call will go to judge about your complaint. automatically the judge will be transfered to any other court

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 December 2013

You need transfer but what is the assurance that other court will give orders of your liking.

 

More over transfers are not allowed on such grounds, you can file revision on specific orders.

T. Kalaiselvan, Advocate (Advocate)     17 December 2013

Have your cases been decided by the lower court?, Do you really feel that the judge appears to conduct the trial in a pre-determined way?,  If you have a strong feeling yourself then initiate procees for transferring the cases to some other court within the city by filing a petition in the sessions court or if your lawyer says that the judge is appearing to biased, verify the fact and then decide about the next course of action in this regard, do not jump into conclusion on mere hearsay.  You are already in trouble, better be careful to not invite more trouble due to such external problems.

Q Slinger (NA)     20 December 2013

Yes, the judge is extremely biased.

 

- He denied bail to my family for over a week based on the complaintan's request.

- He approved Police stations petition to seize my dad's passport even tho my father has been attending court regularly and the anticipatory bail did not have surrender passport as a condition. Lawyer gave him the following 5 points on why my fathers passport should not be seized and yet the judge gave an adverse order.

                * Anticipatory bail did not require passport to be surrendered as a condition

                * Maneka gandhi Vs Union of India judgement where passport is a right of a citizen and cannot be taken away by any court or police

               * The chargesheet has been filed and doesn't have any allegations on my family members or my father that attracts a 498a.

               * the accused has been comming to court regularly and has not abscondened.

               * Out of 1000's of cases in that particular court, atleast 40% have passports, why is the PP and the police station so interested in this accused passport only? How is it the PS has never submitted any passport seize petition ever before and the PP has never come across such a petition and yet she is hell bent on honouring the petition

 

- He dismissed my brother's (A4) return of passport petition on the basis of a wirtten plea memo from the complainant. Once again there are no allegation against him in the chargesheet yet judge did not allow the passport to be returned. He, however has been, as recent as 1 month ago, released A1's passport to enable A1 to go work abroad. Quite a few A1's were given relief in form of returning passport in recent times. 

- He frequently entertains the complainant or her mother to make statements in the court and the 498a  trial has not even started yet.

 

The case is only one year old and this is the situation, I can imagine what it will be as the case progresses. I have also heard from various people who attend the court that he views women in a favourable light because his wife is suffering from some sort of disease and hence shows extra sympathy towards them. This is confirmed news.

 

Based on the above, I can confidently state that he is biased. Please feel free to give me your views.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     22 December 2013

On such reasons there can not be any transfer.

 

Since you seems to know many case laws which has no relevance to your case still you can go through the very recent SC case law for transfer of case on the application of LALU PRASAD YADAV.

 

You can NOT expect any positive line of action from any free advice since the whole records of your case is not before any body.

 

REGARDING PASSPORT YOU CAN VERY WELL GO IN REVISION THROUGH AN EXPERT ADVOCATE.

Northern Queen (Manager)     30 December 2013

THIS IS JUST ANOTHER CORRUPT JUDGE MISUSING HIS POSITION OF POWER AND TRUST, EATING CAVIAR WHILE PEOPLE STARVE ON THE STREETS - SHAMEFUL!!!

 

EXPOSE THE SCUMBAG

 

PEACE AND LOVE TO YOU ALL


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