JUDGMENT : This petition has been filed under Section 482 of Cr.P.C.to invoke the extra ordinary jurisdiction of this Court to expunge the adverse remarks passed against petitioner Sanjay Dwivedi in paragraph 20 of judgment dated 16.09.08 delivered in ST No. 143/2008 by the 6th Addl. Sessions Judge to the Court of 2nd Addl. Sessions Judge, Sagar, Camp at Rahli. (2) Learned counsel appearing for petitioner submitted that petitioner was the Incharge of PS-Garhakota, District-Sagar. In the instant case, the Investigating Officer Krishnkant Mishra who was posted as ASI at the relevant time conducted the entire investigation, only challan was filed by the petitioner in the case, and in the trial of ST No.143/08 said Krishnkant Mishra was examined as a prosecution witness no.7. Petitioner was never examined and no opportunity was given to him of being heard and certain remarks were passed against him by the learned trial Judge in his judgment in para 20 in which not only strictures were passed against Krishnkant Mishra, but at the same time, strictures were also passed against the petitioner and a departmental enquiry was ordered to be initiated and it was expected that petitioner will be punished. (3) Learned counsel for petitioner has placed reliance on a judgment of Apex Court in A.M. Mathur vs. Pramod Kumar Gupta and others (1990) 2 SCC 533 wherein it has been held that adverse comments without giving an opportunity of hearing to the person concerned were unwarranted, unjustified and without jurisdiction and therefore, must be expunged. Learned counsel for petitioner has further placed reliance on a judgment of this Court in K.P. Singh Kushwaha vs. State of M.P. 2005 (2) MPHT 423 in which it has been held that where during trial while acquitting the accused certain adverse remarks were made in the judgment against the conduct of the Investigating Officer and trial Court also gave directions to police authority for initiation of departmental enquiry and to punish him without giving opportunity to show cause, such action of trial Court was not proper, it was held that trial Court has no jurisdiction to direct the authority for initiation of DE and to punish the applicant. (4) From perusal of judgment delivered in ST No.143/08, it is clear that no opportunity of hearing was provided to the petitioner though learned GA appearing for State has supported the judgment and adverse remarks, but legally such remarks cannot be allowed to stand as no opportunity of hearing was given to petitioner which is against the principle of natural justice. I find present to be a fit case to invoke the extra ordinary jurisdiction of this Court under S.482 Cr.P.C.by expunging the adverse remarks made against petitioner Sanjay Dwivedi. The adverse remarks made against petitioner Sanjay Dwivedi in para 20 of the judgment delivered in ST No.143/08 referred to above are expunged. (5) Resultantly, petition is allowed.