SIMPLEX MILLS COMPANY LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) HEARD Mr. Vastani, learned Counsel, for the applicant and Mr. Yengal, learned A. P. P. , for the respondent/state.

(3.) THE learned Counsel for the applicant contended that the petitioner is a public limited company engaged in manufacture of paper and has invoked the jurisdiction of this Court under section 482 of the Code of Criminal Procedure to expunge unwarranted and unjustified remarks made against it by the learned J. M. F. C. (3rd Court) Gondia in Regular Criminal Case No. 9 of 1998 between respondent No. 2 and 3. He contended that respondent No. 3 was in the employment of the applicant and he committed theft of brass bolt from applicants factory. Therefore, he came to be prosecuted for the offence punishable under section 380 of Indian Penal Code. The investigation was conducted by respondent No. 2. After the trial, the learned Magistrate acquitted the accused/respondent No. 3 vide order dated 28-9-2001. In the said judgment the trial Court made unjustified and unwarranted remarks against the applicant, which can be culled out like this (a) perhaps probably for the reason that he was dancing at the tune of the management (To be found in para 18 of judgment of Annexure A) (Emphasis supplied) (b) I. O. dispensed with the statement of accused probably for the reason he was acting at the instance of management of the Simplex Paper Mill. . . . . . . (To be found as last 3 lines of para 18 of the judgment at Annexure-A) (Emphasis supplied) (c) Letter below Exhibits 35, 36 and 37, which were issued by accused prior the incident, are clear proof of the fact that accused has been tremendously harassed at the hands of management for one reason or other. . . . . (To be found in middle of para 19 of judgment at Annexure A) and (d) The story of the prosecution is best example how they fabricated case and how they tried to rope accused in a false case, so as to terminate him any how from the job of Simplex Paper Mill (To be found in para 20 of the judgment of Annexure A ).