BABITA PUNIYA Vs. THE DISTRICT & SESSION JUDGE

JUDGEMENT

(1.) The petitioner, a Metropolitan Magistrate in Delhi, has prayed for expunging the remarks passed by the learned ASJ-03 East, Karkardooma Courts in his order dated 06.06.2015 passed in connection with FIR No.140/2011 which was instituted for the offence under Sections 302/395/396/412 and 34 of the IPC under Gandhi Nagar police station (State v. Jaheer Paeek etc).

(2.) The impugned order, in which certain comments have been made on the understanding of law of the Magistrate reveals that the cases of some of the accused persons were committed to the Court of Sessions despite their having been declared proclaimed offenders. It was in this context that it was recorded that the learned Magistrate does not have the knowledge of basic law namely that an accused cannot be committed to Court of Sessions unless he is present before the learned Magistrate physically.

(3.) Brief facts of the aforesaid case is required to be noted.