LAMBODAR PATEL Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Seeking expunction of certain offending/objectionable remarks in the judgment delivered on 09.12.2014 by learned Second Additional Sessions Judge, Sakti, District Janjgir-Champa (Chhattisgarh) in Sessions Trial No. 21/2014 in the matter of State of Chhattisgarh v. Gangaram Bareth and others, the petitioner herein has filed this writ petition on the following factual backdrop:-

(2.) Mr. Mahendra Dubey, learned counsel appearing for the petitioner, would submit that judgment of the learned Additional Sessions Judge making castigating remarks against the petitioner without affording opportunity of hearing, affecting his reputation, integrity and conduct is wholly unsustainable and bad in law. He would further submit that such adverse remarks were absolutely unnecessary for proper adjudication of the trial and such adverse remarks have caused serious prejudice to the petitioner and it will affect his future career, which is apparent from the fact that show-cause notice has been issued for initiating departmental action by the SubDivisional Officer (Police), therefore, the afore-stated remarks deserve to be expunged and impugned notice issued for initiating departmental action be quashed and writ petition be allowed with cost(s).

(3.) On the other hand, learned Government Advocate appearing for the respondents/State, would submit that such adverse remarks were clearly warranted in the facts of the case because the petitioner has negligently investigated the offence in question, as the investigation was not just, fair and proper and no interference is required, as such, the writ petition deserves to be dismissed with cost(s).