KANNAN ALIAS RAMAKRISHNAN Vs. STATE

JUDGEMENT

(1.) THESE criminal Original Petitions have been filed under Section 482 of Cr.PC. seeking an order to call for the records relating to C.C. Nos. 312 and 326 of 2003, on the file of the Ju-dicial Magistrate No. V, Salem and expunge the offending portion of the judgment dated 31.7.2006 in paragraph 11, finding guilty for cutting the schedule timber, without prior permission.

(2.) MR. S. Shanmugavelayutham, learned senior counsel appearing for the petitioner submits that it is an admitted fact that case was registered against the petitioner and others in C.C. Nos. 312 and 326 of 2003 for an offence under Section 7 read with 3(A) of the Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955, for alleged cutting of Silver Oak trees (Schedule timber) without valid license.

(3.) LEARNED Government Advocate has spe-cifically drew the attention of this Court to page No. 707, para 10 of the judgment referred to which reads as under:"If there is one principle of cardinal impor-tance in the administration of justice, it is this: the proper freedom and independence of Judges and Magistrates must be main-tained and they must be allowed to perform their functions freely and fearlessly and without undue interference by anybody, even by this Court. At the same time it is equally necessary that in expressing their opinions Judges and Magistrates must be guided by considerations of justice, fair-play and restraint.".