JEKARAM JUMNANI Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been preferred impugning the adverse remarks passed against the petitioner in para-28 and 58 of judgment dated 23rd August 2005, passed by JMFC, Dabra, District Gwalior in criminal case No. 1004/2004.

(2.) SHRI Barua for the petitioner has submitted that the petitioner, being the Police officer was examined as a witness in the aforementioned case. At the time of passing of the judgment disparaging remarks were passed, without providing any opportunity of hearing to him. Hence the remarks are required to be quashed. Shri Barua, placed reliance on Manish Dixit and Ors. v. State of Rajasthan, (2001) SCC (Cri.) 235.

(3.) SHRI V. S. Chaturvedi, for the respondent/state has submitted that the observation of the learned Magistrate is simply an observation regarding the conduct of the petitioner. Opportunity of hearing will be given to him by the department, if any action is taken. He has also submitted that after passing of the aforementioned judgment, a preliminary enquiry has been conducted against the petitioner by the department in which also he has been found guilty.