Dear Sir,
During the trial of 498a case and other casesd in the lower court, if there are acts which are unfair to accused, like:
(i) during examination-in-chief and cross-examination, private counsel of the complainant-cum-PW1 tutors her to name accused for specific allegations and suggests answers (verbally or by movements of hands and eyes etc.) to the PW1 about the questions asked by counsel of accused. Even objections of accused are not taken on record by the concerned magistrate and the magistrate remains absent from her seat/court during a large part of cross-examination of PW1, giving private counsel of PW1 enough opportunity to favourably influence answers of PW1 to questions posed by counsel of accused. Even the presence of private counsel of complainant-cum-PW1 is consistently not taken on Court record by magistrate, though instead of PP/APP, its private counsel of PW1 who is running the case of State with an aim to convict the accused.
(ii) In another matter under CrPC125 and divorce u/s 13 of HMA between accused and PW1, her counsel after award of interim maintenance is able to seek adjournments after adjournments without leading any evidence and causing delay without any justified reason. Verbal requests of accused/defendent to court to order petitioner-cum-PW1 to lead evidence and pace up the case are not paid attention to by the family court.
Can accused in such scenario seek interstate transfer of case from SC on grounds of unfair trail, interference and damage to judicial process by private counsel of PW1, influence of complainant/PW1 on the Court(s) and bias of magistrate(s) against the accused/defendent or any other remedy in above scenario will be better option in terms of rate of success etc.? Please advice.
Thanks and regards,
Govind
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