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2004 DIGILAW 553 (RAJ)

Ishwar Singh v. State of Rajasthan

2004-04-09

N.N.MATHUR

body2004
JUDGMENT 1. - By way of instant petition under Section 482 CrPC, petitioner seeks direction to quash the offending observations made against him by the learned Sessions Judge, Udaipur by order dated 18.10.2002 in Revision No. 90/2002. 2. I have perused the order dated 18.10.2002. It appears that the seized documents were not produced by the Transport Department before the Court. It appears that the learned Judge felt offended for not producing the seized documents by the Transport Department, while Criminal Revision No. 90/2002 was being heard. It is submitted by the learned counsel that if the opportunity of hearing would have been given to the petitioner, he would 10 have explained that the documents were already in the file of the original Court in the court of ACJM, Jhadol. In my view, the observations made by the learned Judge are wholly uncalled-for. 3. I may simply invite the attention of the learned Judges, who are fond of making scathing remarks, to the decision of the Apex Court in AIR 1964 SC 703 , wherein the Court observed that the judicial pronouncement must be judicial in nature and should not normally depart from sobriety, moderation and reservation. The Apex Court has reiterated said observations in AIR 1975 SC 1741 , AIR 1986 SC 819 and AIR 87 SC 1431 and recently, reminded by the Apex Court in 2000 WLR (SC) 645. 4. Consequently, the petition is allowed. The order of the learned Additional Sessions Judge, Udaipur dated 18.10.2002 and the communication to the Commissioner, Transport Department dated 21.10.2002 are quashed and set aside.Petition Allowed. *******