Remedy from recommendation/sifarish in criminal case

Tilak Marg Forum for Legal Questions Forums Criminal Law Remedy from recommendation/sifarish in criminal case

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    • #4632

      Dear Sir,

      A false case u/s 420 is pending against us. Due to attacks, security from High Court was also provided to us. In this case, my mother is complainant who is lying that We sold her house in Rs. 21.00 Lacs, but the sales deed is in Rs. 9.00 Lacs. My elder sister is instigating her against her and she is also become a witness in this case, stating that my mother told her story about fraud on phone to her.

      Except my mother (complainant) and my sister, there is not other witness. But police men are witnesses just for inquiry purposes. All the witnesses were cross examined by us and every witness had changed their statements as it was just one sides version of the complainant and her daughter. We were never called for investigation despite our letters to SSP and EO Wing before FIR.

      After a long period of 6 years, the Judge asked us to bring zamanat giver on next hearing as he was about to deliver the verdict. But god knows what happened to him? He started adjourning the hearing twice in a week. Even one day when he was delivering the verdict to other persons, then on our turn, he just went inside and adjourn the hearing. It was clearly seen that he was about to read his verdict.

      After that our case is still pending, even after final arguments. Even the concerned Judge has been transferred. I am smelling the recommendation and political pressure in our case.

      Therefore please suggest me that what should I do if the Judge overlook the merits of our case and take action against me? Please suggest any remedy to overcome from such injustice. I am very much sure that the Judge was reluctant but was helpless due to the sifarish by a retired judge who is behind these ladies and always help them in our case. In our case, the complainant is clearly changing her statements and enjoying sympathy and victim card. Even she is lying without any fear of Judge as she is under impression that due to recommendations and her old age, the Court would not say anything to her. Please save us by giving remedies and further course of actions which would be highly appreciated.

      Thanking you.

    • #4655

      You have to wait for the judgment being delivered in your case. Generally speaking, if the evidence has gone in your favour in a criminal case (as you have mentioned), then the verdict would take that evidence into account. The judgment is required to be a reasoned order and not an arbitrary one.

      Even if the existing judge is transferred, the new judge is empowered to decide the case on the basis of the evidence recorded by the previous judge and pass the judgment. If the judgment goes against you and you find that it is not the correct order or that evidence in your favour has been ignored or wrongly interpreted, you always have the option of challenging such order by filing appeal before the higher courts.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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