When does a Judge becomes Functious Officio
After 3 years and 62 dates have passed In an appeal against acquittal in 138 NIA case pending with the Sessions Judge ultimately, the Court posts the case for final Order. But the accused files an application asking for time and the Court goes back on its own verdict and accepts the application & adjourns the case again.
Does the Judge not become Functious Officio as far as his act of accepting the application is concerned, once he has posted the case for Final Order?
Pl give some concrete case laws or law on the subject
