Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 850 (RAJ)

Rajveer Singh v. State of Rajasthan

2005-03-18

K.C.SHARMA

body2005
Judgment K.C. Sharma, J.-Heard Counsel for the parties. 2. Through this petition the petitioner who at the relevant time was posted as Station House Officer, Hindaun City has prayed for expunction of remarks given against him by the learned Additional Sessions Judge while deciding the criminal revision petition No. 26/2003 filed by complainant Darab Singh, vide its order dated 25.04.2003. 3. It is well settled and repeatedly cautioned by the Apex Court that before any castigating remarks are made by the Court against any person, particularly when such remarks could cause serious consequences on the future career of the person concerned, he should have been given an opportunity of being heard in the matter in respect of proposed remarks or strictures. Such an opportunity is the basic requirement, for, otherwise the offending remarks would be in violation of the principles of natural justice. 4. The remarks made by the learned Additional Sessions Judge and sought to be expunged are to the effect that the petitioner was negligent in carrying out investigation in FIR No. 98/03, inasmuch as he join hands with the accused in the said FIR. It may be noted here that at the time when learned Additional Sessions had recorded the remarks against the petitioner the investigation in the aforesaid FIR was in progress and therefore, by that time there was no occasion to have commented upon the conduct of the petitioner. That apart, neither any notice was given to the petitioner before recording castigating remarks against him nor he was afforded an opportunity of being heard in the matter in respect of the proposed remarks or strictures. Thus condemnation of the petitioner without given him an opportunity of being heard was complete negation of the fundamental principle of natural justice as enshrined in the Constitution of India. 5. Consequently, I unhesitatingly allow this petition filed by Rajveer Singh and order expunction of castigating remarks made against him by the learned Additional Sessions Judge in his impugned order. 6. The petition stands disposed of accordingly.