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Neha   05 March 2018

Referring cases for two or more applications u/s 311 crpc.

Kindly suggest referring cases or similar old cases where two or more applications u/s 311 CrPC were accepted at consideration stage (i.e. post arguments) of the case. I have filed a criminal case against a builder-person who duped me and six other people on the pretense of selling an apartment. The Judge is very friendly with the accused and harassing us and the lawyer. Considering the behavior of the Judge we decided to put our request for remaining evidence/witnesses through an application under section 311 CrPC. Also, post-arguments, CBI filed an FIR against the accused for cheating a bank too! We put another application u/s 311 to record statement of the concerned bank and investigating agency. As the Judge is too warm with the accused we also put some arguments (with supporting documents) in support of pending witnesses. Now the Judge has become more rude and is threatening us to produce a case where 2-3 applications have been filed after arguments have concluded. Please help. 



Learning

 3 Replies


(Guest)

In your case, it is very clear that the trial judge (assuming your case is pending before a lower criminal court) is likely to give a biased opinion in your favor, given his familiarity/geniality with accused. Hence you may file a transfer application (TA)/transfer petition(TP) u/Sec. 407 CrPC before the High Court. Your TA/TP should state the following:

  • All chronological facts, including dates, leading upto the time the accused (builder) had duped you on pretext of selling the apartment.
  • That as the accused is known to the presiding judge, it is likely to adversely influence the outcome of the case.(You might want to cite instances showing the judge's proximity to accused in instances more than once to support your case.)
  • That an application had been submitted by you through your lawyer for recording statements of the plaintiff bank, but that it was rejected withoug assignment of any reasons..
  • That in addition to pt. (3), prior to pronouncement of the court's verdict, you had filed a concurrent application seeking production of witnesses u/Sec. 311 CrPC  to support  your case, but that it was rejected by Ld. Judge without assigning valid legal reasons whatsoever.
  • That based on all your facts, there exists a real possibility of prejudice being caused to your case by the presiding Judge, based on proximity to accused, as substantiated in para (2) of your TA.
  • That given the aforesaid circumstances of your case, you have been advised by your lawyer to move the High Court for transfer of your case to some other court u/Sec. 407 CrPC.

          Your prayer should say that the High Court be pleased to adjourn all proceedings pending before the trial court for a   month or so, so as to enable you to move this court for transfer of your case & to obtain a stay order.

After your prayer, sign it (on right hand side) as Deponent and Advocate consecutively. After getting it dated & verified in person through your lawyer,you may file an accompanying affidavit( OPTIONAL)

For further queries, you may contact me at: basu_kunal@hotmail.com for clarifying any queries you may have regarding your case. I will be more than happy to assist you and/or your lawyer out in this matter.

Regards

Advocate Kaybee

2 Like

Abrar Ahmed   09 March 2018

sir..police fir against me .when i cought near the exam center of 10 class ...will the case against me close or not??

(Guest)

on what charges?


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