Sakthivelu Ramanujam 28 March 2021

prohibition writ

can we file a prohibition writ against biased magistrate to stop the proceedings ?he is giving answers for cross examination on petitioner's behalf and acting like petitioner's counsel..inspire of 4 memos filed to him stating his biased nature and should not continue proceedings he continued with quick dates ( 4 hearings in a week ) and keen in passing the orders asap.violation of principle of natural justice...if not by writ how to stop the proceedings...plz help.

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8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 28 March 2021

Hello,

You can complain to the district registrar, bar association and to the high court against the magistrate. You can also file a transfer petition in district court to transfer the petition to some other magistrate court of the same rank.

Sanjay Narayandas (Advocate) 28 March 2021

You can lodge a complaint with the vigilance commission which is CC'ed to the chief judge of that court complex.

Sakthivelu Ramanujam 28 March 2021

@shirish pawar & sanjay narayandas ,. Dear Sirs, already made complaints to registrar and chief justice and the enquiry is pending.But since that is administrative action the magistrate not stopping the case proceedings.he closed the cross examination and in a urgent manner he tries to finish and pass the orders which will terribly affect me...what to do to stop the magistrate fro further proceeding the case? can i file a prohibition writ in high court?

Sanjay Narayandas (Advocate) 28 March 2021

In that same application did you also not request transfer of the proceedings to a different judge with redo of cross examination?

Sakthivelu Ramanujam 28 March 2021

@sanjay narayandas: sir, yes I have requested for transfer of the proceedings to some other court in the same applicatikn. i filed a memo with the complaint copy to the magistrate also to stop the proceedings. inspire of that he proceeded the case and closed cross examination abruptly without cross examining the petitioner. now he is posting the case four times a week in order to pass orders against me...I'm running out of time also and helpless.