acquitted by the Trial Court. It is also
submitted that before passing strictures, the concerned officers
should have been heard and given an opportunity ... question
of proper investigation, delay etc. require indepth and detailed
scrutiny. The strictures regarding the investigation are justified and
proper. It will be appropriate
available in the higher courts. In those circumstances,
remarks/observations and strictures are to be avoided particularly if the
officer has no occasion ... trial court in an appeal before it,
had passed severe strictures against the trial court at several places and,
in substance, had suggested that
condemned without being heard. The prejudicial effect on
somebody against whom a stricture is passed cannot be
assessed only in terms of the immediate damage ... judge must be wary of such
cascading effect of any statement/stricture made by him
while delivering judgment."
19. After hearing the submissions made
with Section 482 Cr.P.C.
seeking expungement/deletion/quashing of remarks/strictures/observations
in the impugned order dated 20.08.2022, passed by learned Additional
Sessions ... longer res
integra that before making any remarks or passing strictures, the Court is
required to give an opportunity to the person against whom
Misra v. Mohammad Isa , 1962 SCC OnLine SC 88, while
dealing with strictures passed by the High Court against one of the
subordinate judicial officers ... condemned without
being heard. The prejudicial effect on somebody against whom a
stricture is passed cannot be assessed only in terms of the
immediate damage
case of Pandit
Ishwari Prasad Misra (supra), while dealing with strictures passed by the
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR ... condemned without
being heard. The prejudicial effect on somebody against whom a
stricture is passed cannot be assessed only in terms of the
immediate damage
image and reputation of the petitioner. He
submits that the remarks/strictures passed in various orders are
stigmatic and the same ought not to have ... Court. This Court rather vide this order
wants to convey that judicial strictures against anyone need
to be passed with utmost circumspection. The judicial power
seriously by
the Supreme Court and it reprimanded this practice and passed strictures
while dismissing the Civil Appeal of the petitioners.
8. After this order ... respondent. There are
various orders of the Courts in which serious strictures have been passed on
the conduct of CBI. The CBI registered two false
that the
court may not be justified in making adverse remarks/passing
strictures against a person unless it is necessary for the
disposal ... view, the High Court was not justified and
correct in passing observations/strictures against appellants 2
& 3 without affording an opportunity of being heard
report before the learned Trial Court. The observations made and the
strictures passed in the impugned order dated 06.09.2022, the legality
of which has been ... condemned without being heard. The prejudicial effect on
somebody against whom a stricture is passed cannot be
assessed only in terms of the immediate damage
