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What to do if magistrate appears to be influenced by opposite party
08-Mar-2023 (In Criminal Law)
Perjury case against a builder filed in Court No.150 Tis Hazari, Delhi. After evidence and arguments were completed, the Metropolitan Magistrate has sent the case to Indraprastha Estate Police Station for investigation. When the false affidavits have been filed by the Builder and when all documentary proof has been submitted, why Metropolitan Magistrate has referred the complaint to the Police Station after 2 years is not understood. It is surprising as to how Police will come into the picture in a Perjury Case. How far Metropolitan Magistrate is justified as it is suspected that the MM has been influenced by the Builder.
MM is within his rights to send the case to PoliceThana for investigation however you may approach relevant Court against order of MM . After investigation , Police can file FIR also. Filing False affidavits is offence and actionable under sec195 , 340 CrPC.You can act accordingly and submit evidence that affidavits are false. If you suspect MM has been influenced by other party, and if you have evidence , you can approach Sessions Judge for transfer of case from one trial court to another. Ascribing motives to Judges is a punishable offense so you have to give a good reason.
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Adv. Kundan Singh Pathania
Vrindavan | 100+ Answers
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If u r not satisfied with the hearing of the magistrate you can move a application of transferring the case to a another court/Magistrate quoting a valid reason.but u can not question their decision unless u have some proof to prove othera are at fault.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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