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guidance needed to take action against magistrate(1st class)

Delivery Head

Hi All,

I am seeking your valuable guidance to fight against injustice caused to husband due to preserve/gender biased view of Magistrate of First Class Court. I am not sure if this is a matter of corruption by said judge as there is no evidence on record however perversity is quite clear from his final Order.

Below are facts which are encouraging me to request to initiate actions against perverse Magistrate in one of matters.

  1. Magistrate didn’t considered all evidences on record while disposing of matter with his final judgment. To be more specific, in case of CrPC 125, husband has submitted certified copy of cross examination of wife took place during trial of DV case as evidence. Exhibit number has been allotted to said evidence by same Magistrate however Magistrate didn’t even looked at the evidence with a reason that said cross examination has not been conducted in front of him and he should stick to the cross examination of wife in current case i.e. CrPC125 only as this has happened in front of him.
  2. Magistrate made ignorance while examining evidences on record to give benefit to wife.
  3. There are several other thing in the judgment which is clearly demonstrating his perversity towards men/husband. I have also examined other judgments from said judge and observed that he is using his famous statement/tag line in almost all his judgments which demonstrates his thought process and illegal soft corner towards wives. The statement is as "Surely any woman cannot leave her husband without a cause and stay at her marital house."
  4. Magistrate not even looked at all citations submitted by Husband and have mentioned about only 3-4 citations out of 10 submitted in his final Order. Also, without knowing facts of the present case and citations submitted, he directly jumped to conclusion that merits of current case and one stated inside citations are altogether different even though there were quite a few similarities.
  5. Husband observed perversity from Magistrate in case of witness allowances for witness from both side. i.e. when there is a case of wife,  Magistrate has decided witness allowance of Rs.1000/- for a witness travelling from location “A” to location “B”. when there is a case of husband, Magistrate has decided witness allowance of Rs.1200/- for a witness travelling from location “A” to location “B”. This exist on record however Magistrate verbally asked husband to pay Rs.3000 to his witness as Rs.1200/- didn’t found sufficient. He has not commented anything when witness has appeared on behalf of wife.
  6. Magistrate has objected number of times when lawyer of husband tried to get truth out during cross examination of wife. Magistrate instructed lawyer that he should always ask simple questions to wife rather than puzzling her.
  7. Magistrate doesn’t considered all statements which are stated by husband during his cross examination. After receiving copy of cross examination husband found that document is somewhat fabricated to favor wife. However husband didn’t initiated any action at that time as there was a threat that his plea will be ignored due to lack of evidences and this might cause him a problem in wrong run.
  8. There were number of verbal harassment of husband by Magistrate during a trail of a case however there is no evidence in place which could favor husband to prove these allegations.

Kindly advise if above stated grounds fits  to lodge complaint against Magistrate? If yes, what is a best way forward for positive outcome.

Thanks!           

 
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Lawyer at Supreme Court of India

Sir,

 

I mean you can make a complaint of his being baised and not doing justice as he is supposed to do. He is not working on merits, rather he is working more on his emotions which do not stand anywhere when you are holding such a sensitive chair of being a Judge.

Warm Regards

Kapil Chandna Advocate

9899011450


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Delivery Head

Thank you Sir. Could you please guide where should complaint need to be filed against judge? My lawyer is suggesting HC will be best place to do so.

Kind Regards!

 
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NA

Originally posted by : TGK REDDI
You can file a Complaint in the same Court.

But Sanction is required to run the prosecution.

Santion is necessary only if he was doing his duties.

If a judge administers a few kicks to an accused, he's not taken as working in his official capacity.

That's the law.

In practice, you'll be a voice in the wildreness. 

If the complaint is filed in the same court, wouldn't the same judge be presiding over the proceedings against him? This some hoe does not feel right.

 

 
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Delivery Head

TGK REDDI - Sir, I am also having same query as that of Q Slinger Sir, Please help us in understanding what does you want to share in this context. As far as I know one should file a complaint in vilegence department of high court. Are you suggesting something else here? Please advise. Many Thanks !

 
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I was going through this link:- http://documentsmisplacedbycourt.blogspot.com/ it has a lot of information by Hon'ble Atur Chatur. hope this helps
 
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Delivery Head

Thanks All. Does anyone has sample for complaint to be lodged aginst Magistrate/Judge? If yes, request you to provide the same. Many Thanks,
 

 
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