quesAnimosity towards PO.

An affected party got annoyed with an order of presiding-officer (PO). He nursed animosity towards PO. He didn't file any appeal against PO's order. Instead party started complaining and harassing him. Party sought sanction from government in vain. It even filed criminal complaints in the matter after 10 years for giving unfavorable order.

This he did finding some clerical mistake. Learned Magistrate and session-court rejected his complaint.Now he has moved high-court under garb of section 482 against session-order. High-court has issued a notice. PO has to file a reply.What defense presiding officer can take beside judge protection act?

  • ansWithout knowing the contents of complaint it would be difficult to draft the contents of a reply to the complaint. However the points to be considered are that a judgment of an officer presiding a court can be questioned in an appeal before a superior court and can not be resolved through complaint. However if a bias or malafide intention on the part of PO can be attributed a complaint can be made to the superintending court who can make inquiries and initiate disciplinary proceedings and take action as per service rules. I have not heard of any complaint being heard in open court. Therefore more details are required to assist you in drafting a proper reply.

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  • IPC Section 482 - Punishment for using a false property mark
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