LAWS(KER)-1980-8-15

K P RADHAKRISHNA MENON Vs. STATE OF KERALA

Decided On August 14, 1980
K. P. RADHAKRISHNA MENON Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) IN this petition filed under section 482 of the Code of criminal Procedure, the petitioner, a Public Prosecutor attached to the Court of Session at Manjeri, seeks to get expunged some remarks made against him in the court's order dated 18th January, 1980.

(2.) THE petitioner was in charge of Sessions Case No. 43 of 1978 and its trial started on 15-1-1980. Witnesses were examined on the 16th and 17th also, but by the evening of the 17th, he fell ill. In order to avoid interruption of the trial, he arranged for the Additional Public Prosecutor to take charge of it. THE complaint is that when the report made in this connection came up before the court on the 18th, the then Sessions Judge sent for his Stenographer and passed an order making several disparaging remarks against the petitioner. It is alleged that the learned Judge had developed a dislike for him and had behaved insultingly towards him on prior occasions. THE adverse comments were unwarranted and uncalled for, and were devoid of factual foundation. THEy were made without affording the petitioner an opportunity of being heard, and the whole thing amounted to ex parte condemnation transgressing the limits of judicial propriety.

(3.) THE question is whether on the facts disclosed the adverse comments in question were necessary for the disposal of the report, and whether the making of them calls for interference under section 482 to prevent abuse of the process of the court or otherwise to secure the ends of justice.