VIJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under section 482, CrPC, has been directed for expunging the disparaging remarks passed by the learned Chief Judicial Magistrate, Bhopal, in Criminal Case No. 10449 of 1991 decided on 3.4.2001 against the petitioner.

(2.) THE facts giving rise to this petition are these : On the basis of the report lodged by the complainant Mahesh Chandra Dwivedi, Superintendent of Railway Claims Tribunal, a criminal case for offence under section 381, IPC, was registered against one Devendra Kumar Dubey who was serving as peon in the said Tribunal. The matter was investigated by the petitioner. It was reported that an amount of Rs. 2,870.65 was missing from the drawer. An amount of Rs. 2,850.00 was seized from the possession of the accused Devendra Kumar Dubey on the basis of information given by him and recorded under section 27 of the Evidence Act. It was also disclosed by the accused that an amount of Rs. 20.65 has been expended in purchasing food, etc. The learned Magistrate, in para 11 of the said judgment dated 3.4.2001, observed that an amount of Rs. 2850.00 was seized from the possession of the accused while it was reported that an amount of Rs. 5,870.65 was stolen from the drawer. He further opined that an amount of Rs. 20.65 was expended by the accused. On the basis of the above facts, the learned Chief Judicial Magistrate further observed that the prosecution has not explained regarding the remaining amount and therefore, in his opinion, either the story of theft or the investigation was concocted.

(3.) FOR the reasons stated above, the petition is allowed. The disparaging remarks regarding the incident of theft and the investigation passed by the learned Chief Judicial Magistrate, Bhopal, in para 11 of the impugned judgment are expunged.