pujols20 (Techie) 27 July 2011

Magistrate Misbehaving

Is there any law/process defined for accused to stand in the court during the proceedings in LOWER COURT / TRIAL COURT?

Magistrate is using "Harsh" language at accused no. 1 in a false 498A case. Telling in vulgar language to accused no. 1 to stand far and close to the wall oppposite to her. What action can be initiated on such magistrates ?

Can I send an RTI to get the process defined on how/where an accused is supposed to stand in the court during proceedings ?

Please advise, this is complete injustice behaving against innocent in this obscene manner that too by "lord" sitting in the "big seat ".

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1 Replies

Saurabh..V (Law Consultant) 27 July 2011

@Author

Firstly you should take this wisely. The person who is hearing your case is alone going to bring it to conclusion. Might that be in your favor or opposite. So it is upto you to decide how you turn him towards yourself.

The issue is that the judge might be high-headed or feminist. In former case you can try other buttering tricks but in latter, it'll be impossible. So what you can do is, appeal in high court for transferring the case. You can submit that since the Magistrate seems to be biased, you deserve the case to get transferred to a neutral judge.

Moreover, you can allow the Magistrate to settle down and actually get the feel of the falseness of the case. May be he would himself give you relief.

//peace

/Saurabh..V