Cases in which Judge or Magistrate is personally interested
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Summary
A Judge or Magistrate must not try or send a case for trial if they are a party to it or have a personal interest, unless the higher court that would hear appeals gives permission. They also cannot hear an appeal from any judgment or order they themselves made. Official involvement or having inspected a place and made inquiries does not by itself make them a party or personally interested.
Example
Priya files an FIR against a shopkeeper for property damage. The presiding Magistrate is the shopkeeper's business partner and would benefit from a favourable outcome. The Magistrate cannot try or commit the case without permission from the appellate court, and cannot hear any appeal from an order he himself made.
Bare Act
Enacted textNo Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
Explanation.-A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
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