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karan singh (none)     19 May 2011

I suspect the judge bein influenced

In a criminal case by friend againt husband I suspect the judge of the lower court to be influenced by the political influence of the boy's father.The judge has been delaying issues in the opposite party's favour and has avoided presence in the court on date of important witnesses by the girl.Please let me know the legal procedure if available to probe the genunity of the judge and how to ask for justification for not being present on important witness.



Learning

 21 Replies

P.R.SHUKLA (professional)     19 May 2011

first of all you cannot doubt genuity of the court .if then also you can take three steps

1. make application of transfer of case

2. report to higher judicary

3. talk to your lawyer and take appropriate steps as required

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     19 May 2011

transfer application does not help and not encouraged. Fight in the same court send or post complete details we will give you simple methods to face it.

karan singh (none)     19 May 2011

Thankyou for your reply

The continuous delaying and the lack of transparency in the process forced me to doubt the genuity of the judge but not the court.Will talk to the lawyer as suggested by you.

 

Regards

Sheikh

Arup (UNEMPLOYED)     19 May 2011

might be. possibilities are there.

you may also under wrong impression.

 

" The judge has been delaying issues in the opposite party's favour and has avoided presence in the court on date of important witnesses by the girl."   ---   not much clear. what are the facts? everyone's presence in all occassion not necessary. the accused must be present in all dates, untill he is waived from the presence.

karan singh (none)     19 May 2011

Thanks Arup,

 

But can a witness be done in the absense of the judge?It has been observed that whenevr witness is supposed to be done the judge goes for some other lower priority work.

Arup (UNEMPLOYED)     19 May 2011

witness be done in the absense of the judge?

---   what does it mean? then who presided the office of the judge?

in absence of judge witness can not be taken.

how it has gone? put details.

karan singh (none)     19 May 2011

Exactly as the judge was absent the court didn't proceed for witness and that is what the opposite party wanted.My question is that since I feel the judge under the influence of the boy's poltical father deliberately didn't attend the court to avoid the witness what can I do to check this kind of thing in future?

Arup (UNEMPLOYED)     19 May 2011

Report to higher officer of that judge. observe at least three times, thereafter complain. note the date and time of his presence and absence.

your complain seems to me true.

 

generally judge be very catious when witnessing going on. court give top prioity to take witness. if there is something wrong suspect might be there.

1 Like

N.K.Assumi (Advocate)     19 May 2011

Such incidents do take place at the trial stage and that is not a ground to pre judge the judge being biased. Just be patient and take the matter to come to a logical conclusion, after all how log can the Judge be absent from the court. Be patient and produce the witness at the next hearing.

karan singh (none)     20 May 2011

Thankyou everyone,

Also the opposite party is missguiding the court by filing baseless petitions and when the petition is dismissed in lower court and high court he took it to supreme court and on the basis of that he tries to delay the other cases on him.However my question is what can I do to avoid his baseless cases and thus the delay?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 May 2011

do not get misguided just because the case is going against you. If you have evidence and legal talents than only you can face the situation. Imature advice by non legal persons for complaints will ruin further your case.

hema (law officer)     20 May 2011

i fully agree with Sh. Assumi and "your advocate".  in the above posts, arup's advises are immature and exhibit his lack of practical knowledge.

you doubted about the integrity of the trial court judge.  generally, if there is connivance between the judge and accused party, what the judge will do?  He pushes the case very, very fast and take evidence of the prosecution in the earliest possible time and while giving dictation of evidence, he takes special attention and dictate himself the deposition with modifications, which will be favourable to the defence (generally, the examination and cross examination will be taken care of by A.P.P. and defence counsel even though the judge is present in the court, but he will be taking some other routine cases and occasionally lend his ear to the evidence) and finally give the verdict in favour of defence acquitting the accused.  in your case, it is not happening and as Sh. Assumi said, it happens that the judge may not be attending the court on those particular dates incidentally and not intentionally).

filing of varius frivolous applications and go to high court in appeal is the usual tactics every sourceful accused play.  it happens in all most all cases, where the accused can afford the advocates.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     20 May 2011

Please do not do the silly mistake of complaining against the Judge you may spoil the whole case.

karan singh (none)     20 May 2011

@Sardarsena-If not complain then what else can be done?there has to be a way to stop the influence over the court as I have enough incidents which shows his being bias.

Now the opposite party has taken a stupid petition to Supreme court after the petition was dismissed from High court.The opposite party knows that the petition is baseless and will be dismissed from Supreme court aswell but just to play on the girl's patience and economy(the girl belogs to a lower middle class family while the boy's family is rich). he does it expecting the girl to give up and accept the false charges put against her in another petition filled by him.

Question

Can the girl claim for the advocate expenditure from the opposite party asr his case has been dismissed from the High court because the boy is missusing his rich back ground and dragiing her to high court and supreme court which is causing lot of financial loss for the girl ?

 

 


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