RAGHUBIR SARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have perused the judgment prepared by my learned brother Mudholkar, J. I agree that the appeal should be dismissed. But I would prefer to give my own reasons for doing so.

(2.) The facts giving rise to this appeal are simple. The appellant is a medical practitioner and during the year 1959 he was acting as Deputy Superintendent, Jahanabad Sub-Divisional Hospital and Superintendent, Sub-Jail, Jahanabad. A criminal case was pending before the Court of the Munsif-Magistrate, First Class Jahanabad, and the two accused therein filed a petition in that Court for releasing them on bail. On October 3, 1959, the learned Munsif-Magistrate called for a report from the said medical officer of his opinion on the health of the said accused. The said officer examined the accused and sent the following report to the Munsif-Magistrate.

(3.) Learned counsel for the appellant contended that the remarks made by the learned Munsif-Magistrate were unjustified and groundless and that they would affect the appellant's future official career and, therefore, the High Court should have expunged the said remarks. Learned counsel for the respondents, apart from justifying the remarks, contended that the High Court had no jurisdiction to expunge the remarks from the judgment which had become final.