SOMAN Vs. VASANTHAKUMARI

JUDGEMENT

(1.) This Crl. M. C. is filed by the Judicial First Class Magistrate, Adoor now working in Munsiff, Ranni to expunge the adverse remarks/observations made by the Sessions Court, Pathanamthitta against him in the order dated 20.11.98 in Crl. M. C. No. 1038/98 of Sessions Court, Pathanamthitta. While the petitioner was working as Judicial First Class Magistrate, Adoor, accused 1 and 2 arrested in crime No. 96/98 registered by Kodumon Police alleging offence punishable under S.55(b) of the Abkari Act were produced before him on 1.9.98 and remanded them to judicial custody. Again he extended the remand when they were produced. C.M.P. 6668/98 filed by accused Nos. 1 and 2 seeking bail was dismissed by the petitioner on 5.10.98. Subsequently the remand has been extended twice. On 28.10.98 when the accused were produced seeking to extend the remand the first accused filed a petition attested by the Superintendent, Sub Jail, Pathanamthitta where she had undergone detention before the petitioner seeking bail stating that she is suffering from heart ailment, that she was taken to General Hospital, Pathanamthitta thrice due to the ailment, that she requires urgent treatment and that she has been under custody for 28 days. She also stated that her husband is sickly and requires an operation immediately and there is nobody else to look after him except herself. A similar application seeking bail was also filed through counsel. After giving notice to the A. P. P. and hearing counsel for petitioner and APP the petitioner granted bail to the first accused on 18.10.98 itself. Annexure A is the copy of the petition filed by the 1st accused from prison countersigned by the Superintendent, Sub Jail, Pathanamthitta on 28.10.98. Annexure.B is the copy of the application seeking bail filed by the first accused through counsel on 28.10.98. Annexure C is the copy of the order dated 28.10.98 passed by the petitioner in CMP. No. 8094/98 filed by the first accused for granting bail to her.

(2.) It is submitted by the petitioner that he received a phone call from the Sessions Court, Pathanamthitta at about 3.30 pm on 5.11.96 directing him to submit the entire records in crime No. 96/98 of Kodumon Police Station through a special messenger on that day itself to the District and Sessions Court and accordingly he sent the entire records through special messenger and was produced before the District Court by him on that day. He also submitted that on 17.11.98 he received an order passed by the Sessions Court, Pathanamthitta in Crl. M. P. No. 969/98 dated 24.10.98 dismissing the application seeking bail filed by the first accused in crime No. 96/98 of Kodumon Police Station. According to the petitioner it was not stated in the petitions filed by the first accused evidenced by Annexure A and B before him on 28.10.98 nor A. P. P. informed him about the filing of the petition by the first accused seeking bail before the Sessions Court and dismissal of the same by the Sessions Court on 24.10.98. According to him, it is only on receipt of the order on 17.11.98 he in fact knew for the first time about the filing of Crl. M. P. 969/98 by the first accused seeking bail and dismissal of the same by the Sessions Court on 24.10.98.

(3.) It is further stated by the petitioner that the 2nd accused in that crime produced an order dated 20.11.98 in Crl. M. P. No. 1038/98 passed by the Sessions Court, Pathanamthitta granting bail to the 2nd accused and on going through that order he found certain adverse remarks were made by the Sessions Judge against him. Therefore, highly aggrieved by the adverse remarks made by the Sessions Court in that order the petitioner has filed this Crl. M. C. to expunge the following adverse remarks against him in the order in Crl. M. P. No. 1038/98 dated 20.11.98.