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(The legal provisions, case laws and link to an a related LCI article)
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Dear all, in 138 matter all original documents misplaced/lost by Court itself. What is the legal remedy available to the Complainant ?
If you have the CC then go file a complaint to this effect to REGISTRAR VIGILANCE OF HIGH COURT.
If it is Delhi HC then the currently the letter will goto Sh.Chandrashekhar Ji whose office staff will pass that letter to CS to CJ of HC which is currently designated to Mr.H.C.Suri Sir. Who in turn willl transfer the case file to a 2 or 3 Justice Bench who sits near his office within thesame complex at 4th floor as per my limited knowledge. CAUTION:- File a complaint against a judge/MM only if you feel that these papers have been deliberately done with his involvement citing sme other reasons due to which you feel he is biased against the other party. In the prayer mention that the MM should NOT recuse himself from this case after seeing this complaint because they must NOT get away by doing any wrong to your case. If you are hell bent then you can also file CRIMINAL DEFAMATION against a judge & ask for compensation because due to lose of these documents your fame/ reputation will be put in jeopardy which happened due to unethical practices happening in his Hon'ble Court..
Do NOT attach an afidavit to the above complaint against judge/MM made toi REG.VIG/HC.
Instead, just 3 days after posting that complaint thru regd post (with AD) you simply write an RTI & ask for ACTION TAKEN REPOT.
please do not do any thing silly. Just put a representation to the Chief Justice of the region and put all points . ensure that you do not write anything against the Judge . Normally ,adminstrative side of the High Court has judicial officers from lower court. be careful in drafting the letter . it is your right to speak against the wrongs .I am sharing one exoerience in Gujarat where the proceeding sheets were not signed by the learned Judges for years and to cover it fabricated documents prepared by court staff. crows are black everywhere .
Goto page 14 (last para) of the above link. Just get a break of this SC & write your complaint in acordance. If you can write an argument over & above this para then there is a good chance of success
NOW, LITTLE MORE ABOUT THIS MAN
This man Nilesh Ojha is from Human Rights Security Council"
He fought case for a scientist man victim of false 498a from mumbai & proved beyond reasonable doubt to the court that the false 498a was made by wife to defame her scientist husband's reputation due to which within ongoing 498a the HC of Mumbai allowed his defamation petition against the wife. Judgment came on 29th January'2015.
Also check:- PROSECUTION OF JUDGES at the below link