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crl revision u/s 197 crpc heard – judgment kept in abeyance

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Crl Revision u/s 197 CrPC Heard – Judgment kept in abeyance

The Sessions Judge heard the arguments in a criminal revision u/s 197 CrPC against the order of the trial court by which the trial court disallowed the application of the accused for dismissing the complaint u/s 138 NIA of which the trial court had taken cognizance. The case was posted for orders by the Sessions Judge. The orders were not passed and repeatedly the court kept on postponing the order (4 adjournments were made!). Meanwhile the Judge got transferred

Queries:

How ethical is it for a Judge to keep on postponing the pronouncement of order after hearing the arguments?

What is the legal position in this respect? i.e.is there a legal sanctity for this kind of an action of the Sessions Judge?

Will the new judge will rehear the entire arguments?

The complainant/respondent in revision knows that the Judge was pressurized through a higher member of the Judiciary to give an order in favour of the accused but it is very difficult and almost futile to prove it!

 
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Advocate

There is nothing unethical.   Sometime Judges do not get time to dictate order due to tremendous load of work.  New Judge will hear the arguments and decide. 

 
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Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear Mr. Ashok,

 

File inspection application of the Judicial file then you will come to know about the short notes made by the judge. You will get the opinion of the Judge. 

The lower judiciary is over burdened or due to some influence they don't give judgments in time but there is no way to curb out this practice of judiciary. I have mentioned the remedy to satisfy your query.

 

RAJIV BHASIN 

SOLICITORS AND ADVOCATE 

BHASIN LEGAL CONSULTANTS

www.bhasinlegalconsultants.com

Mail: bhasin.laws@yahoo.com

9811210505


 
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Advocate/ nadeemqureshi1@gmail.com

file an application before court to pronounce the judgement.

 
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Advocate

The new judge will once again hear the arguments of both the sides and will pass his judgement.  As opined by learned Advocate Mr.Bhashin, you may apply for certified copy of the notes paper to  find the relevant notes/adjudication of the hearing on those dates wherein the case was adjourned and learn the reason for future reference.

 
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