Legal Question in Criminal Law in India
question
A case has been filed under sec 138 and which has been under trial for the last three years.
Unfortunately, my right leg got fractured and the same speaks the medical certificate and furhter a complete bed rest of four weeks.
This particular medical certificate had been produced before the court by my son on 18/05/2009 to seek the exemption of the accused.
But the judge shouted at this and asked my son, ''to leave and carry your father;even the doctor may be fettered''.
Kindly suggest me,could i seek exemption on medical grounds and if i could, can i
file a suit against the judge for his ill-tempered behavior.
5 Answers from Attorneys
Re: question
No you cannot file a case against judge. but you can file an application for exemption and if judge rejects the same then go to higher authority.
For further assistance plz contact at
adv.kamal.grover.gmail.com
We deal cases in the courts all over India.
M: 09814110005
Chandigarh Office
We strive for your rights.
Good Luck.
Re: question
No suit may be maintainable against the Judge. You may better appear on the date fixed and if possible, try to settle the matter amicably.
Re: question
Giving expemtion of the accused is a discretionary power of the court. Though, he should have given you the exemption if you would have filed an application attaching the medical certificate.
Further, you cannot file a suit against the judge.
Re: question
An accused can seek exemption, if he authorizes his lawyer to conduct the case in his absence and undertake not to dispute the identity.
Re: question
Exemption application needs to file by the lawyer with certificate. For judge's behaviour no suit lies but you can complain to District/principal judge.
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