Legal Question in Criminal Law in India

what legal action should be taken against a judgement passed by a lower court judge in a criminal case filed by one of the three brothers against a few criminals of his village through police for damaging his property as well as for other various types of criminal action but he could not succeed as no independent witness could adduce their evidence and became hostile under the influence of the said criminals and with the connivance with the help of the public prosecuter as well as his own counsel ,the accused persons could manage to get acquittal and character assasination of rest two of the brothers of the complainant was done by the concerned judge specially when both of them were not involved in the said case.The points with regard to the character assasination against unconcerned two brothers were never proved earlier either in the court of law or by asking any clarification in this regard..This judgement was passed about 3 years back but the knoweldge about the actual content of the judgement was not there to the said two brothers as they had not seen the copy of the judgement.Even the complainant brother had not pursued the case knowing that he cannot succeed with criminal persons of his village as all three brothers are staying about 700 km away from his village.However,in other case filed earlier by the police based on the complainant 's petition those criminal people are taking undue defence by producing the copy of the said judgement which contain the character assasination of rest two unconcerned brothers which is damaging the reputation of their family.kindly let me know as to what action should be taken against the concerned judges who had incorporated highly objectionable unproved points in his judgement without giving any opportunity to the aggrieved persons aswell as against those criminal persons are taking that copy of the judgement in other cases filed against them for their criminal acts.whethe there will be any time bar problem for those two unconcerned aggrieved brothers as they were not involved in that particular case in which the said objectionable judgement was passed.in additin to this what types of appropriate measures should be taken in view of the considerable loss of prestige of two unconcerned brothers.


Asked on 9/17/09, 2:47 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

No action possible against the judge personally.

Those 2 brothers may consider approaching the High Court invoking its jurisdiction U/s.482 Cr.P.C. or Writ or Both for expunging remarks agianst them.

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Answered on 9/18/09, 1:35 am


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