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Madhya Pradesh High Court · body

2001 DIGILAW 727 (MP)

Vijay Kumar v. State of M. P.

2001-10-06

S.S.SARAF

body2001
JUDGMENT This petition under section 482, CrPC, has been directed for expunging the disparaging remarks passed by the learned Chief Judicial Magistrate, Bhopal, in Criminal Case No. 10449 of 1991 decided on 3.4.2001 against the petitioner. The facts giving rise to this petition are these: On the basis of the report lodged by the complainant Mahesh Chandra Dwivedi, Superintendent of Railway Claims Tribunal, a criminal case for offence under section 381, IPC, was registered against one Devendra Kumar Dubey who was serving as peon in the said Tribunal. The matter was investigated by the petitioner. It was reported that an amount of Rs. 2,870.65 was missing from the drawer. An amount of Rs. 2,850.00 was seized from the possession of the accused Devendra Kumar Dubey on the basis of information given by him and recorded under section 27 of the Evidence Act. It was also disclosed by the accused that an amount of Rs. 20.65 has been expended in purchasing food, etc. The learned Magistrate, in para 11 of the said judgment dated 3.4.2001, observed that an amount of Rs. 2850.00 was seized from the possession of the accused while it was reported that an amount of Rs. 5,870.65 was stolen· from the drawer. He further opined that an amount of Rs. 20.65 was expended by the accused. On the basis of the above facts, the learned Chief Judicial Magistrate further observed that the prosecution has not explained regarding the remaining amount and therefore, in his opinion, either the story of theft or the investigation was concocted. A perusal of the record clearly indicates that an amount of Rs. 2,870.65 was reported to have been stolen, not an amount of Rs. 5,870.65 as pointed out by the learned Chief Judicial Magistrate in para 11 of the judgment. Undisputedly, an amount of Rs. 2,870.65 was stolen and the amount of Rs. 2,850.00 was recovered from the possession of the accused while the explanation of the remaining amount of Rs. 20.65 was given by him. The calculation was, therefore, correct and therefore there was nothing to be explained by the prosecution. The remarks made by the learned Chief Judicial Magistrate, Bhopal, regarding the incident and the investigation are, therefore, unjust and uncalled for. Since the above disparaging remarks are likely to adversely affect the career of the petitioner, such remarks are liable to be expunged to secure the ends of justice. The remarks made by the learned Chief Judicial Magistrate, Bhopal, regarding the incident and the investigation are, therefore, unjust and uncalled for. Since the above disparaging remarks are likely to adversely affect the career of the petitioner, such remarks are liable to be expunged to secure the ends of justice. For the reasons stated above, the petition is allowed. The disparaging remarks regarding the incident of theft and the investigation passed by the learned Chief Judicial Magistrate, Bhopal, in para 11 of the impugned judgment are expunged.