NAND GOPAL Vs. STATE

JUDGEMENT

(1.) These are two petitions by Nand Gopal Sardana and Darya Singh Lathar undersection 561-A and 439 Criminal Procedure Code, for the expunging of certain adverse remarks against the petitioners passed by the Chief Judicial Magistrate, Simla, in his order, dated 20th June, 1967, in a case before him. State v. Lahori Ram At the relevant time, i.e. on 25th January 1966, Nand Gopal Sardana, Public Witness 6, was the Manager of the State Bank of Patiala at Simla, and Darya Singh Lathar, Public Witness 3, was the cashier in the said bank.

(2.) The facts of the case, as set out by the learned Chief Judicial Magistrate in his Judgment, may be summarised as follows: -

(3.) The learned Chief Judicial Magistrate, by his judgment, dated 20th June , It- 67, acquitted the accused. In the said judgment, the learned Chief Judicial Magistrate, made certain observations which were adverse to the petitioners herein. It is these remarks that are sought by the petitioners to be expunged from the judgment on the grounds that they were wholly uncalled for, unjustified, unwarranted and irrelevant to the point in issue,that the said observations or remarks relate to some act, conduct and statements of the petitioners, that they were never brought to the knowledge of the petitioners and no opportunity was given to them to furnish their explanations thereto, and that they were not necessary for the decision of the case and were not an integral part thereof. The grievance of the petitioners is that the said disparaging observations or remarks are likely to seriously affect the entire carear of the petitioners, who described themselves in the petitions as young men with high academic qualifications and unblamished and meritorious record of service.