Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

How to change the judge

I have had 12 dates in Court so far. The judge is totally unhelpful and sits there like a dummy.
I was required to go and hand over summons to bailiff in another court (Pimpri Court), and the bailiff there gave me a signed and stamped acknowledgement. The bailiffs where my case is being tried (Pune) said it was not a valid bailiff report.
The judge said he would call for the bailiff report from Pimpri Court. On three dates he directed the bailiffs to send the letter to Pimpri Court. No letter was written by any bailiff. Then the judge just shrugged it off and said he can't do anything, as he does not have jurisdiction over the Pimpri Court. FINE. But he does have authority over the bailiffs. Why did he make me come thrice to witness the drama of him firing off the bailiffs to write a letter which was never written at all?
If this damn fool is so helpless, I don't know what will happen for the rest of my case.
I do not want to bribe the bailiffs in Pimpri Court. An RTI Application submitted there, on whether summons were served, went unanswered so far (just 2 days till one month is over).
What to do now? After paying 33,000 court fee and 250/- process fee, and many rounds of Pimpri Court, even the summons is not served.
 



Learning

 12 Replies


(Guest)

Those who want me to hire a lawyer, let me tell you I had done so, and he gave me false dates for 1 year did not even file the case. So just tell me how to change the judge I cannot see his face again honestly. He is spineless.

Tajobsindia (Senior Partner )     25 April 2011

@ Lady

You may have some serious grievances and for the same write an Application to same ld. judge mentioning just below title with a para and request him to dispose it off ether way on same hearing date;

Application under S. 151 CPC R/w S. 10 FCA, 1984 “

" Kindly transfer the case since I am not having faith in this Hon'ble Court and I feel I shall not get justice from this Hon'ble Court"


Remember:
Never ever mention para wise your grievances before same Ld. Judge why you want transfer even if he / she insists to dispose the same. Say whatever you want to say to PJ and or DJ (superior court).


And/or if you know actually court procedures and have knowledge of civil Laws then you may also file a bumper Application called “Reclusel of ld. Judge” this will be tombstone application and will be very very difficult to recluse from charges you mention there. But be very careful when doing this.

However with above (transfer of Court) application your work will be done.

All the best. 

1 Like

(Guest)

You're a life-saver! Thank you for a quick and detailed reply.  Will do as you say.
With gratitude,
Uma

 


(Guest)

It seems that this will involve the intervention of High Court and from my Internet search it seems I have to prove in High Court that this judge will not do justice. Sounds like this procedure is not a quick and painless one, might as well take my chances with this idiot.

Sandeep Bhargava (Advocate & Notary)     12 May 2011

For transfer of case you will have to file an application u/s 24 Civil Procedure code with the district judge mentioning your grievences and for the misconduct of the advocate you will have to file complaint with the disciplinary committe of State Bar council of your state
 

1 Like

(Guest)

Hi Adv Sandeep Bhargava, thank you for explaining this procedure.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 May 2011

transfer is not easy and rarely granted unless you have water tight case.

1 Like

(Guest)

Thank you Your Advocate, there were some frustrating procedural delays but hopefully I've got things going now, I had to scream in the corridors of the court but I think that did it because the bailiffs realized they're in hot water.

G.Nagarajeshwar Rao (Advocate)     13 May 2011

I agree with Mr. Tajobsindia. If you file any application before the superior court under sec.24 of C.P.C., as stated Sandeep Bhargava, you will be frustated more and more than this court. On the ground of non-service of summons / notices, the cases will not be transfered. It is better to give complaint before the superior judge or to the vigilance registrar of Honble high court, narrating all the grievence, with frequent persuation. Then only the muff judges will be rectifies their mistakes. It is the fate of the judiciary to bear this type of judges, who are not having minimun knowledge, they are recruting as judges and giving much and more trouble to the advocates as well as to the general public. 

1 Like

(Guest)



Hi Adv. Rao,
You are completely right. I do not have sufficient grounds for transfer and in my case, it would not have solved my problem. I would have just antagonized the judge. Who needs a hostile judge in addition to a lazy ignorant one?
But I am thankful to tajobsindia, Adv Bhargava who explained the correct procedure for doing so, as that was my query.

I finally got the summons served by shouting in corridors of the court and making the bailiffs give me the cell numbers of the (ir)responsible person. Then I followed up via phone. I could not get summons served even after RTI Applications, first appeal and multiple rounds of courts. I had really done everything I could so was frustrated.

I realize that this type of harrassment is common. In addition to these brazenly rude and lazy bailiffs we have stupid judges who sit like dummies. "Rule of Law" is a sick joke in our country. I wonder how the aged, sick and disabled people have any chance of surviving this system.

Thank you all for the support and information.

 


(Guest)

 

Dear Tajobsindia,

Can we apply the Application under S. 151 CPC R/w S. 10 FCA, 1984 “ in Family Court where the CrPC 125 is under trail?????


Zeeshan (Hidden)     17 June 2013

Though this is an old thread

I want to change my crpc 125 judge.. I ask my lawyer to write only these two lines :-

Application under S. 151 CPC R/w S. 10 FCA, 1984 “

" Kindly transfer the case since I am not having faith in this Hon'ble Court and I feel I shall not get justice from this Hon'ble Court"

 

 But he says these are not enough as appeal in higher court are made on submissions/reasons already made in lower court. We have to give actual grounds and reasons why judge has to be changed.

 

Secondly we have to apply at principal judge (dwarka). 

 

Please guide.


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