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Mohandas (General Manager)     29 March 2012

Sworn statement

Dear Sirs I filed a private complaint with a Chief Judicial Magistrate against a police officer who assaulted and abused me. Two witnesses are there. Magistrate took my sworn statement after 4 months and the statement of one witness after another 8 months. Now one year have passed and the statement of the second witness is pending. Both are my friends but there is a limit to which I can drag them to appear in the court for adjournment after adjournment. The case is again posted for next month. Now, can anybody tell me how to proceed now? Once or twice my advocate filed advance petition but the Magistrate advances it for a day or two. Am I entitled to appeal anywhere like Sessions or High Court? Under which law? My advocate says there is nothing time bound on a Magistrate as far as proceedings are concerned, the complainant is always at the mercy of the Magistrate. I badly desire advice before I drop the case by not appearing further.. Help me



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 March 2012

If judge is like that nothing can be done except submission once again to take it board by filing an advancement application.  Some time because of the heavey pendency of the case it happens like this.

Mohandas (General Manager)     29 March 2012

Thank you Sir. With out ill feeling to anyone, may I ask what if a Magistrate adjourns a case for 130 months for taking sworn statement? Apart from making probably few head lines in the media, can he be said to be procedurally at fault?

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