SANJAY DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Cr.P.C.to invoke the extra ordinary jurisdiction of this Court to expunge the adverse remarks passed against petitioner Sanjay Dwivedi in paragraph 20 of judgment dated 16.09.08 delivered in ST No. 143/2008 by the 6th Addl.Sessions Judge to the Court of 2nd Addl. Sessions Judge, Sagar, Camp at Rahli.

(2.) LEARNED counsel appearing for petitioner submitted that petitioner was the Incharge of PS-Garhakota, District-Sagar. In the instant case, the Investigating Officer Krishnkant Mishra who was posted as ASI at the relevant time conducted the entire investigation, only challan was filed by the petitioner in the case, and in the trial of ST No.143/08 said Krishnkant Mishra was examined as a prosecution witness no.7. Petitioner was never examined and no opportunity was given to him of being heard and certain remarks were passed against him by the learned trial Judge in his judgment in para 20 in which not only strictures were passed against Krishnkant Mishra, but at the same time, strictures were also passed against the petitioner and a departmental enquiry was ordered to be initiated and it was expected that petitioner will be punished.

(3.) RESULTANTLY, petition is allowed.