Dear Sir, I have filed a criminal complaint with relevant evidence against top builder in MM Court for defrauding me . After going the process, Metropolitan Magistrate has issued summons against 9 accused persons for commission of cognizable offence in the month of August, 2016. After that, Builder has filed Revision Application before sessions court against the order of MM Court which was dismissed. Even though more than one year have passed none of the accused persons have appeared before the Court and are always appearing through advocate only. They have not even obtained bail bond. My application for issuing bailable warrant is not decided by the court for the last six months and is kept pending by the Magistrate without any reason. Magistrate is also allowing the application of exemption placed by the advocate of accused persons without recording my 'Say' on that. I am convinced that justice is denied to me by this magistrate since despite repeated request my application for issuing warrant is not disposed by him and accused persons (builder) application is every time allowed even though they have not appeared even once after summons were issued to them for commission of cognizable offence and that too more than a year back. Under the circumstances, please guide me on the following: 1) what are the various options available to me as my application for warrant remained pending for long? 2) Can I ask for transfer of case to another Court? How long does this process takes? 3) Is there any way where I can file complaint against Magistrate with relevant facts & documents? 4) Please also guide me on all the options available to me for compelling the Magistrate to pass the Order as Builder is enjoying my crores of rupees obtained through dishonest inducement for which I have taken a housing loan and paying monthly EMIs for the last ten years. I am deeply disgusted /exasperated / fed-up with the conduct of Magistrate as nothing is moving forward and i have to sell my personal belongings to pay monthly EMIs to lenders. Regards, Manish Agarwal
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1. You can file a writ under article 227 of the Constitution of India before the HC and get the matter expedited.
2. Transfer of the case might take more time, but once the matter is expedited by the HC it becomes time bound.
3. Yes you can send a complaint to the Chief Justice and also to the chief justice of India, you can send both by post and by e-mail.
4. The best option is to approach the HC.
Regards
1) complain to chief metropolitan magistrate against the magistrate
2) also complain to Chief Justice of Bombay HC against the magistrate
3) you can also seek transfer of case to another court
1. File a Revision in high court for issuance or arrest warrant.
2. You can apply for transfer but this is not the enough reason for transfer.
3.No,this is judicalorder which can be challenged in higher court but can not be complained against.
4. File revision in high court.
1. You have opted for the time consuming procedure.
2. You should have lodged a police complaint and finding the police is not acting based on your complaint, you should have filed a Writ Petition against police inaction praying for a direction upon the police to investigate in to the matter based on your complaint and report development to the Court.
3. However, at this stage, you can file a petition before the high Court for expediting the matter which has been too much delayed and for which your huge amount is held up unpaid.
4. You can not pray form transferring the case for the delay caused by the Magistrate.
5. You can not accuse the Magistrate for any of his order passed in connection with your case,. You can challenge his order before the higher Court. You can also pray for its early disposal as advised in above.
Hi , it is surprising to know such unusual Conduct of the magistrate .. My advice is to file a transfer application to the session judge .. In addition also file a application in high court under 482 Crpc , to issue warrants for compelling appearance of the accused persons
1. The court will issue bailable or non-bailable warrant only when the accused is absent without any reason and there is no representation on his behalf.
If the advocate is filing a petition under section 317 cr.p.c. to condone the absence of accused, the court may at its discretion allow the petition.
If the court has dispensed their appearance allowing a petition filed by them under section 205 cr.p.c then the accused need not appear before court until and unless the court orders their appearance.
2. Without any sufficient reason you canot seek transfer of the case to any other court. Because the reason you have stated that they have not executed bail bond or they are not appearing before court are not tenable in law because there is no violation of law in this. There is no necessity to obtain bail bond in the private complaint.
3. There is no law restricting you to make a complaint against the magistrate, but you should convince the reason for your complaint, the reasons what you have stated are not sufficient for a complaint, moreover if this backfires, then it may impact your main case itself and it may even turn fatal to your own case.
4. In the criminal complaint you cannot recover the money.
If you have strong evidence that the builder has misappropriated you money you may file a civil money recovery suit which shall be the proper relief and remedy to you
In magistrate court, if he is found guilty he may be punished with sentence of imprisonment. The criminal court cannot pass an order for recovery of your money.
Pls approach the High Court by way of preferring a miscellaneous criminal writ. Get this case expedited and seek a direction from the HC for it's time bound disposal.
