• Correction/ making a judge a witness

A woman claimed that she married me in DV case. She tried many options but failed in the case. On reading out judgement on the presence of judge she admitted that she did not married me but the problem is that there is another 498a case which police chargesheeted telling that we were married. 

My question is that is there any provision to re correct the judgement or use the judge as a witness. I have applied for discharge but the PP is not filing objection hence the case is dragged for last one and half years. I have read many 482 quash judgements were 498a cases were quashed because marriage was not proved in DV/Family court case. For reason un known to me my lawyer prefer a discharge than 482 quashed. In my matter first DV was fully contested and second was dismissed for default because of non prosecution.
Asked 4 years ago in Criminal Law
Religion: Hindu

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21 Answers

Apply for Quashing of FIR for 498-A before the Bangalore High Court. With the precedents of the false cases of the Supreme Court and as far as the judgement is concerned make a review application before the same judge that in view of the oral statement / acceptance of the DV Applicant that both of you were unmarried to review the judgement accordingly. The judge might accept or reject the Application. But at least your application will be a part of record which you can Annexe to the Quashing application.

Grishma Lad
Advocate, Mumbai
18 Answers
1 Consultation

4.0 on 5.0

Dear Sir,

Judge cannot be examined as a witness. If so required a permission may be taken from the High Court writing a letter to the Registrar of High Court. You must narrate the circumstances under which his personal examination is necessary. If public records like court orders sheet notings are not available then you may ask but in rarest of rare cases such permission will be given. For disposal of discharge application DV case dismissal is sufficient. You may withdraw the discharge application and move the High Court for quashing as the trial court may not discharge you as in many cases it had not taken such risks. Please come to my office and with my 20 years experience as judge I can find out some solution.

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

Hi,

Please press for the orders on your application and if not happening, then withdraw that application and go for quashing

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

No you cannot do that.

You'll have to wait until your discharge application is allowed/rejected. Based on the outcome of the discharge application, you can proceed to the High Court, if required.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

Hello,

Withdraw the discharge petition and immediately prefer a petition under sec 482 of cr.p.c for getting the charge sheet quashed.

You have a strong case to file for charge sheet quashing.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

A Hon'ble Presiding Judge cannot be made a witness before the Appellate Court. Judgement given by Presiding Judge can only be challenged in appeal.

Filing of a petition before the High Court under S. 482 CrPC for quashing on first instance is generally not advisable as you may loose out an opportunity before Trial Court. It is advisable to file an discharge application before the Trial Court and avail the remedy there. If the Trial Court does not discharge, then it may then be challenged before the High Court under Section 482 Cr.P.C.

Pulkit Jain
Advocate, Delhi
5 Answers
6 Consultations

5.0 on 5.0

Judges cannot be made.witnessnunder these facts and circumstances though the order of court can be presented before the concerned authority or court.

Either wait for outcome of discharge application or withdraw it and file for quashing in high court.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

1) is there finding of court that lady had not married you

2) case was dismissed for non prosecution

3)even in case of live in relationship DV case can be filed

4) case has been dismissed no need to file appeal to set aside judgment

5) you cnanot summon judge as witness

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

There is no harm in first trying your luck in discharge and then going for challenging the decisison in quashing or revision.

Since marriage is a disputed subject mere doubt on its performance is not a ground for quashing unless in other similar proceeding it has be disproved.

The witness of the judge can not obtained as she was discharging his duty in his official capacity and he cna not be ragged in court.

If there is delay in

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

Please understand that judge cannot be a witness in the court proceedings. But in your case there are certain remedies which are available for you to get justice. Concrete advice be given after detailed discussion.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

Dear Sir

In many a cases discharge practically does not work as they want to go through full trial. Hence you need to go for quashing. This might be fit case to go.

Feel free to reach us for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

1. The judge cannot be examined as a witness in this case.

2. It is not clear from your query as to which correction do you want to be incorporated in the judgment.

3. If the PP is not filing the objection then approach the High Court through a petition for speedy hearing.

Ashish Davessar
Advocate, Jaipur
30759 Answers
958 Consultations

5.0 on 5.0

1) Try to convince police in 498A case that judgement given by court in DV case and apply DV case result to 498A case.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

Hi, you can't call Judge as witness in the Court. Better you can for 482 for quash the 498/a case.

Pradeep Bharathipura
Advocate, Bangalore
5374 Answers
306 Consultations

4.5 on 5.0

A judge cannot be roped in as a witness.

There is no provision in law for that.

A judge will conduct the cases before it

If it is mentioned in the judgment that she admitted to have not married you, then this judgment copy shall be a proper documentary evidence to your defence.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Both the options are available to you discharge will be fine by same court and quashing by HC. You can decide.

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

You can very well approach high court for quashing the charge sheet if the initial questioning has not taken place.

Onc filed and is brought under list, the case will not last more than a month for disposal in high court.

You can change your lawyer, you need not obtain NOC from him, also dont give any money to public prosecutor

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

See first let the court decide the discharge application if court rejects discharge application then you can file a quashing petition before high court since you have substantial case the case can be decoded fast it. It will take around 6 month to a year but there can be delay if your wife appeal is resorted and there can be bit delay as court may look into that issue.

Otherwise it will helpful to you in your quashing petition to a greater extent if no marriage proved.

This facts can be bought before high court and cintested in discharge application as of investigation is also biased.

All these factors on record will equally help in quashing petition you have substantial case for quashing specially the ground of marriage and that no allegation in DC prooved further no substantial investigation these grounds will help and hopefully you can get relief in 6 months also interim injunction on stay of trial pending quashing petition can be prayed before court.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

Since you have already applied for discharge wait for orders to be passed in your discharge application

2) quashing is to be done only in exceptional circumstances

3) it would take more than year for high court to pass orders on quashing

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Dear Sir,

My answers as follows:

I need to how much time it will take to quash proceedings in Karnataka high court and below points will be advantage for me?.

Ans: You might be surprised to know that there is no outer limit for disposal of a case. We must show the urgency to the Court. The Court has no system of getting posting to some date. The litigant or his advocate must approach the High Court in the morning convince the Judge concerned that your matter is very urgent then only they will fix a date. If stay is granted the Judges say, your client is safe so where is the urgency to post the case. Better you personally appear before the judges in morning hours and know the state advocate they will be at merciful ends of judges.

1) Marriage is not proved in DV proceedings in Trail court and her appeal in civil and sessions court is finished with dismissed for default and attained finality.

Ans: Then you are in safer zone. No urgency… these are the words which may be used by the Judges in your case.

2) The charge sheet and statements shows that I am absconding and the complainant has not seen me after 498a case is filed but i was contesting the DV case regularly where learned judge has clearly mentioned that I have appeared before proceeding and I was examined by the opposite party lawyer.

Ans: If your advocate press for Quashment then judge will say the investigation was ex parte and your client not subjected to investigation as he was shown absconding. You should have appeared before the IO or must have some evidence to that effect.

3) The statement of the witnesses were taken by the police is in 2013 but shown as taken in 2010 and 2011 so as to believe that complainant and witness were uttering the truth.

Ans: It will be quashed one day, even if not quashed nothing will happen. You can move application for EARLY HEARING if you wish charge sheet to quashed as you require to go abroad or some thing urgency must be shown.

4) non of the allegations were proved in DV.

Ans: DV case allegations are separate not investigated by police. Those only supportive not binding upon the IO.If you come to my office I will explain in further details.

5.Main thing to know is that how much time it will take to quash proceedings in Karnataka high court.

Ans: Try to understand the situation of advocate under which a advocate is sailing.

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

Hi,

If the marriage is not proved, go for quashing stating all the wrongs in the charge sheet.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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