Rajasthan High Court - Jaipur
Gauri Shankar Son Of Shri Buddha Lal ... vs State Of Rajasthan on 30 June, 2021
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3393/2021
Gauri Shankar Son Of Shri Buddha Lal Bohara, Aged About 46
Years, Resident Of 62, Patel Nagar, 200 Ft. Bye Pass, Ajmer Road,
Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Principal Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur.
3. Principal Secretary, Department Of Personnel, Govt.
Secretariat, Jaipur.
4. Deputy Commissioner Of Police, Jaipur (East), Jaipur Metropolitan, Jaipur.
5. Assistant Commissioner Of Police, Jaipur (East) Jaipur.
----Respondents
For Petitioner(s) : Mr. S.K. Gupta with
Mr. Namo Narayan Sharma through VC
For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 30/06/2021 This criminal miscellaneous petition under Section 482 CrPC has been filed for expunging of the disparaging remarks made against the petitioner by the Court of learned Additional Sessions Judge No.2, Jaipur District, Jaipur while passing the judgment dated 18.11.2020 in Sessions Case No.14/2019 (11/2018).
Relying on the judgments of this Court in cases of Kalyan Mal Sharma Vs. The Speical Judge and Ors.: 2006 (3) WLC 325, Vikram Singh Vs. State of Rajasthan and Ors. in S.B. Criminal Miscellaneous Peittion No.567/2018 decided on 07th March (Downloaded on 01/07/2021 at 09:06:42 PM) (2 of 2) [CRLMP-3393/2021] 2019, Jitendra Singh Nirwan Vs. State of Rajasthan and Ors. in S.B. Criminal Miscellaneous Peittion No.3912/2019 decided on 16th September 2019 & Kailash Chand Meena and Ors. Vs. State of Rajasthan and Anr. in S.B. Criminal Miscellaneous Petition No.3531/2015 decided on 22nd July 2015, learned counsel submitted that the adverse remarks recorded against the petitioner by the learned Sessions Court vide judgment dated 18.11.2020 deserves to be expunged for violation of the principles of natural justice inasmuch as the same have been recorded without affording any opportunity of hearing to him.
Learned Public Prosecutor submitted that appropriate order may be passed in the facts and circumstances of the case.
Heard the learned counsels for the parties and perused the record.
Undoubtedly, the disparaging remarks have been recorded against the petitioner without affording him any opportunity of hearing which, in view of the law laid down by this Court in catena of judgments, deserves to be expunged. Therefore, this criminal miscellaneous petition is allowed to the extent that disparaging remarks recorded against the petitioner in the judgment dated 18.11.2020 are expunged. However, rest of the direction issued by the learned trial Court in pursuance of dictum of the Hon'ble Apex Court of India in case of State of Gujarat vs. Kishanbhai and Ors.: (2014) 5 SCC 108 is maintained.
Accordingly, the criminal miscellaneous petition is allowed.
(MAHENDAR KUMAR GOYAL),J PRAGATI/71 (Downloaded on 01/07/2021 at 09:06:42 PM) Powered by TCPDF (www.tcpdf.org)