GOVARDHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 482 of Cr.PC for expunging the remarks recorded by the learned Magistrate in the impugned judgment dated 2.3-3-10 delivered in Criminal Case No. 1906 of 04.

(2.) The petitioner who lodged a complaint against one Harishankar respondent No. 2 in the Court of Judicial Magistrate First Class, Khategaon for having committed various offence, was a witness. After trial of the case, the accused/ respondent No. 2 was acquitted. However, the learned Magistrate passed the following orders in Para 16 of the judgment making disparaging remarks against the petitioner and direct the Department concerned to initiate a Departmental Enquiry against the petitioner. The relevant observation in Para 16 reads as under :-

(3.) Nobody has appeared for 2nd respondent despite service.