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Siv (engineer)     16 February 2015

Magistrate passed false order can i file petition again

Can I file petition like below, that seeks clarification on the order passed by the magistrate. My plan is after magistrate gives clarification then I wanted to move to higher court if required : 

 

IN THE HON’BLE COURT OF    METROPOLITAN MAGISTRATE,

AT :: ##########

 

CRLMP NO:             / 2014

 

IN

 

CC NO: #### / 2008

Between:

 

######################                                                                …Petitioner

 

And

                                          

#######################################                         …Respondent

 

PETITION U/s 243, 313, 212, 240 AND 468 OF CrPC

 

May it please your Honour,

 

1.   Humbly submit that Petitioner is Accused-A1 in CC NO: 1280/2008 in this Hon’ble Court, herein petitioner, and this petition is filed seeking appropriate orders based on contents of petition by invoking relevant provisions of law, those may include Sections 243, 313, 212, 240 and 468 of CrPC, and this petition may be heard daily till disposal.

 

2.   Humbly submit that Order of CRLMP NO: 2498/2014 in CC NO: 1280/2008 says that Chief-Examination of PW-1 states that at Hyderabad Accused-A1 demanded the complainant to sell off agricultural land given by her parents and also to sell away gold ornaments and to give money WHEREAS petitioner failed to locate such words/statements in chief-examination of PW-1 those refers to selling of Agriculture Lands and/or Gold articles and in these circumstances this Hon’ble Court may be pleased to pass appropriate order that gives clarity on statements and/or words those refers to Agriculture Lands and/or Gold articles in the chief-examination of PW-1 to enable petitioner to defend alleged allegations in accordance with the law in the interest of justice.

 

3.   Further submit that this Hon’ble Court may be pleased to permit the Petitioner to submit other grounds at the time of hearing.

P R A Y E R

4.   In the aforementioned circumstances Hon’ble Court may be pleased to pass all appropriate orders in the circumstances stated in this petition and Hon’ble Court may be pleased to pass any such all other orders as may deem fit and proper to meet the ends of justice.

 

Place: Miyapur.

Date:    -02-2015                                                             Petitioner

 

                                                                                  (Party-In-Person) 



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 4 Replies

MohanK-700 (Architect)     17 February 2015

Instead of petition file RTI  to PIO of court with all your questions.

There is no harm in doing so.

Siv (engineer)     17 February 2015

RTI do not work here... that too from PIO you can not expect interpretation of Order/Judgement ... a RTI may help to get reply from Magistrate/Public Authority (PA) ... being its related to case in hand then my petition is maintainable ... but such petition shall seek clarification only

MohanK-700 (Architect)     17 February 2015

Originally posted by : Siv

RTI do not work here... that too from PIO you can not expect interpretation of Order/Judgement ... a RTI may help to get reply from Magistrate/Public Authority (PA) ... being its related to case in hand then my petition is maintainable ... but such petition shall seek clarification only

PIO in  trial court is judge. Please correct me if i am wrong.

Siv (engineer)     17 February 2015

False, in andhra pradesh courts the PIO is superintendent of the court .....


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