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R.SHAH (OFFICE STAFF)     03 October 2011

Transfer of case due to judge on medical leave more 90days

i m accsued in false 498a case and the matter is hold up due to transfer of judge in mid of july 2011, and till date court is vacant. after enquring the court staffs said judge was under medical leave as he was not well and admitted in hospital so it will take another 2 months but not sure.

my case was stuck after 313 statment the matter is post for final argument but on prosecution side press to exmaine I.o. and Medical offcier but after this wireless message was sent to I.O. but he never turn up and there after judge got transfer. since todate no report of I.O. and medical offcier been made to court for there appearance.

i want to speed up my matter by referring to some other judge of same court premisses, as new judge after 2.5 months not sit in court and court work is compleltely stoped and dates were given. it's known by staff that this new judge is under medical treatment and take another 2 months to resume court.

kindly advised me the proper steps to take my matter to some other judge who is regular and can heard matter and disposed it earliest. waiting for almost 3 months and anither 2 motnhs would be delay in judgment.



 4 Replies

N.J. MISHRA (Legal Manager)     04 October 2011

You can ask your advocate to make an application under section 191 of Cr.P.C. to the Chief Judicial Magistarte. under section 192 of Cr.P.C. any Chief Judicial Magistrate may, after taking the cognizance of an offence, make over the case for inquiry or trial to any competent Magistarte subordinate to him.

Pranav S. Thakkar (advocate)     05 October 2011

i agree with  Mr. ANOYMOUS. Give application inder sec. 191 to chief judicial megistrate for transfer of  case to any other court by mentioning the reason. Speedy trail is the fundamental right.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 October 2011

This is a common problem every where. You will apply for transfer the notice will have to be served and few dates by the time the concerned court will resume. So keep cool.

kuldeep kumar (lawyers)     14 October 2011


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