UMA SHANKAR DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition is for quashment of the stricture passed by the Special Judge appointed under the Scheduled Castes and Scheduled Tribes (Prevention From the Judgment and Order dated 24-4-2007 of the Court of Special Judge, SC/ST (PA), Mahasamund, in Spl.S.T. No. 11/2006. of Atrocities) Act, 1989, Mahasamund in Special Sessions Trial No. 11/2006 vide the judgment dated 24-4-2007, whereby learned Special Judge has passed stricture against the petitioner in Para 29 of the judgment impugned.

(2.) I have heard learned Counsel for the parties and perused the judgment impugned.

(3.) WHILE dealing with the question of passing disparaging remark/stricture, the Apex Court in the matter of Prakash Singh Teji Vs. Northern India Goods Transport Co. Pvt. Ltd. and another, 2009 AIR SCW 3078, has held that the Court should not make adverse remark unless it is necessary for decision of the case and opportunity to explain or defend should be given. Para 13 of the said judgment reads thus :-