Punjab & Haryana High Court Seeks Response Of Magistrate Who Allegedly Granted Bail To Her Relative

The Punjab and Haryana High Court has sought a response from a Judicial Magistrate (JMIC) Vandana over allegations that she granted bail to an accused who is her close relative.The Court was hearing plea seeking cancellation of bail granted to accused Reshab Walia by the JMIC Vandana in the case registered under Sections 195A (threatening any person to give false evidence) and Section 506 (criminal intimidation) of the IPC.While deferring the matter to November 26, Justice Sumeet Goel said, "Before proceeding further in the matter, this Court deems it appropriate to elicit comments from the concerned Judicial Officer namely Smt. Vandana, Judicial Magistrate 1st Class. The Registrar General of this Court is directed to seek comments of the said officer (in a sealed cover) for the perusal of this Court and put up the same on the next date of hearing."The plea filed by the complainant Akash Walia, who alleged that the Judge Vandana is the cousin sister of accused Reshab Walia. He contended that judge Vandana ought not to have heard the matter. In reply, the Haryana Government submitted that the judge and the accused are distant relatives. The Court noted that as per Haryana Government's response, " Mrs. Vandana Walia is the distant relative of Respondent no.2 Rishab Walia."While granting bail, Judge Vandana had questioned how Section 195A (threatening any person to give false evidence) was made out against the accused.“So, this is a procedural section which provides the procedure when there is an allegation under Section 195-A IPC. It clearly says that a complaint need to be made by the person when witnesses are threatened etc. Here in the present FIR nowhere the perusal of the remand papers and the whole police file, it is clear that there is any threaten to any witness and the evidence," the impugned trial Court order stated.Advocate Fateh Saini for petitioner Akash Walia.Ad.AG Tarun Aggarwal appeared for the Haryana.Advocates Abhinav Sood and Nitesh Jhajria appeared for accused Rishab Walia.Title: AKASH WALIA v. STATE OF HARYANA AND ANOTHERClick here to read order

Punjab & Haryana High Court Seeks Response Of Magistrate Who Allegedly Granted Bail To Her Relative

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