SANJAY RANA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed u/S 482, of the Code of Criminal Procedure, 1973, invoking the inherent powers of this Court for expunging the remarks passed against the petitioner by Judicial Magistrate First Class, Gwalior in order dated 6-11-1980, in case No. 206/89 (Criminal Original).

(2.) Briefly stated facts of the case, in which the impugned remarks, which are sought to be expundged came to be passed, are that the then T.I. Police Station Bahodapur, viz., Mukesh Kumar Saxena made a raid and took search of Harisons Hotel, situate at Gwalior. He found country made pistol and six cartridges lying underneath the pillow of Harilal. He also found that the said fire-arm and ammunition was without licence and therefore he seized the same. Later on, a challans was filed against said Harilal u/s 25/27 of the Arms Act in the Court of Judicial Magistrate First Class, Gwalior. During the trial, the prosecution examined the panch witnesses Hiralal (P.W.1) and Saiyad Khan (P.W. 2) and the two police officers, viz., Mukesh Kumar Saxena (P.W. 3), T.I. Police Station Bahodapur and investigating officer, H.C. Udalsingh (P.W.4) in support of the case.

(3.) The two panch-witnesses turned hostile and the two police officers, although not declared hostile, did not support the prosecution case. The learned Magistrate, in the circumstances, was left with no option but to acquit the accused. While concluding his order, the learned Magistrate expressed his anguish at the conduct of the Police Officers, and witnesses and in that context the impugned remarks came to be passed against the petitioner also, with a further direction to send the copies of the order to his superior officers i.e. I.G. and D.I.G. Police. This part of the order forms subject matter of this petition and is challenged in this petition.