I have a criminal case filed in a lower court in a taluk in Karnataka. I am the complaint and the case started in court. When the eye witness stage came, our witness was present in the court and he was called to the dias and was asked for his name and occupation, and sent back.. when we saw the status online, we were shocked to see that they had considered him as hostile when I asked about this to APP, she started telling we can not do anything now, we will do proper witness evidence with next person, But I cross-checked with other lawyers and told her we could recall for eyewitness evidence. then she started saying I would submit for recall, and after many requests, she submitted for recall of eyewitness evidence. Recall application was rejected by judge after 3 hearing date, and next directly posted for Accused statement when still one Eyewitness statement and one police IO statements were still pending, And the Judge has taken the Accused statements and now posted for Arguments. I got the call from the APP saying the judge has already taken the accused statement and has not done eye witness evidence completely, you please bring the other eye witness, I will put a recall application and will ask the judge to record evidence. but that was also rejected by the judge saying APP was trying to delay the case by putting the recall application at the arguments stage. Now our case moving without any witness evidence. Govt APP is asking me to raise a complaint against the judge at Registar now. And she is explicitly requesting not to show any of her involvement. First APP did not do her job properly during the first eyewitness evidence and now the judge did not allow for other eyewitnesses. now the judge is posting daily to finish the case. if cases are handled like this, how will I get justice? Against whom I should complain? is that worth it? or should I just appeal after judgment ? What else I can do before Judge passing judgment in this short period of time.??
1. Since your recall application is rejected , now the recourse is to be file Revision application before the sessions court.
2. Since time is short immediately file the same and ask for stay of further proceeding of the trial so that Revision is first decided.
3. After sessions court you have another option to high court on this.
No purpose would be served by filing complaint. Both judge and APP have acted in their official capacity so have prevlege and immunity in law. The remedy in such case is either to file revision against the order or file Writ.
Dear Sir,
I can understand the mess created by the APP. You have to lodge complaint against the APP by email or phone and do something immediately.
Contact Us
SL No.
Name of the Officer
Designation
Phone No.
Address
1
Sri. H.K. Jagadeesh
Director (I/c)
[deleted]
[deleted]
[deleted]
6th Floor, KHB Complex, Cauvery Bhavan, Kempegowda Road,Bangalore:560009
Director of Prosecutions, Bangalore
Appeal against judgment
you can also file writ petition in HC against other passed by judge rejecting your application fir recall of witness
You have not filed the petition to recall the witness hence you cannot file a revision application before high court in this regard.
However you can cite the incidents and can file a complaint against the APP as well as the judge for this irregularity before the registrar (vigilance) of high court for acting in collusion with each other and denying justice to victim/defacto complainant.
Alternately you can file an appeal against the judgment if the court acquits the accused without proper conduct of trial.
You need to complain to the judge or cheif judge of this court
Dear Client,
It is unfortunate that your case has been handled inappropriately, both by the APP and the judge, which resulted in the denial of critical witness evidence. The APP failed in her duty to ensure proper examination of the eyewitness, resulting in them being declared hostile without substantive questioning, and later compounded the issue by submitting a recall application only after delays. This is therefore procedurally flawed where the judge upholds the recall applications and then hears the statement and arguments of the accused without having all witnesses, including the IO, depose. Filing a complaint about the judge at this stage may not be effective, more so since the APP is proposing that action be taken by way of avoiding scrutiny of her lapses. I instead suggest you file a writ petition or criminal revision application before the High Court under Articles 226/227 of the Constitution . You will then have ample scope to challenge the dismissal of your recall applications, denial of opportunity to examine witnesses properly, and procedural irregularities which impair your right to a fair trial. Besides, you can apply for a stay on the trial going on so that judgment is not passed without proper consideration of all the evidence. Even if judgment is delivered against you, you can appeal to the Sessions Court or High Court on grounds of these procedural lapses. At this point, your best option is to act in haste and file a petition in the High Court to save your case.
Hope you find this answer helpful in resolving the issue.
1. Immediate Action Before Judgment:
File a Representation to the Sessions Judge:
Request intervention to allow pending witnesses to testify and adjourn arguments until evidence is fully recorded.
Engage a Private Lawyer:
2. Complaints:
3. Post-Judgment:
4. Alternative Course:
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
- Since, you was not given opportunity to produce your witnesses , and your application for recall the witness rejected by the Court, then you can approach the session court against the said order passed by the trial court judge.
