SENKUMAR T P Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under S.482 of CrPC to expunge all adverse remarks made against the petitioner in the impugned Annexure A1 Order passed by the learned Chief Judicial Magistrate, Ernakulam. Annexure A1 Order was passed by the learned Magistrate on an application filed by the Senior Assistant Public Prosecutor under S.309 of CrPC to postpone the examination of the prosecution witnesses till the further report under S.173(8) of CrPC is filed.

(2.) The petitioner was not a party to the proceedings before the Court below. According to the petitioner, some of the remarks and observations made by the learned Magistrate are totally unnecessary and irrelevant, besides, being passed without affording an opportunity to the petitioner of being heard. It is contended by the petitioner that if the adverse remarks made by the learned Magistrate are to remain on record it will cause hardship and irreparable injury to him and will affect his official career.

(3.) The petitioner was the Additional Director General of Police. When the adverse remarks were made he was working as Transport Commissioner, Government of Kerala.