DELHI ADMINISTRATION DELHI Vs. PRATAPCHAND BACHUMAL RAMCHANDANI

JUDGEMENT

(1.) This petition is filed by the Delhi Administration (Delhi) under sec. 482 Code of Criminal Procedure 1973 (which is parimateria with sec. 561A of the Old Code of Criminal Procedure) for expunction of certain remarks or observations made by the learned Chief Judicial Magistrate Baroda while disposing of an application for police custody of the opponents for seven days. Before I mention the facts giving rise to the present petition I may briefly indicate the position of law in regard to the expunging of remarks made by the subordinate judges.

(2.) I may briefly refer to the reported decision of the Full Bench of the Bombay High Court in the case of THE STATE OF BOMBAY V. NILKANTH SHRIPAD BHAVE AND ANOTHER REPORTED IN A.I.R. 1954 BOMBAY 65.

(3.) In paragraph 2 of the said judgment it is observed as follows: Therefore in our opinion as sec. 561A was enacted to emphasise the fact that the High Court has the widest jurisdiction to pass orders to secure the ends of justice sec. 561A must give the power to this Court to entertain applications which are not contemplated by Criminal Procedure Code. Therefore if the High Court feels that ends of justice require that an order should be made in an application although the application is not contemplated by the Code the High Court will entertain the application an(i make the necessary orders to secure the ends of justice.