RANDHEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing the adverse remark passed by the CJM, Morena, in Criminal Case no. 1039/05 vide order dated 16.01.06.

(2.) In brief, the facts of the case are that a report was lodged at the police station by the complainant that a golden chain was taken away by the accused persons. After investigation, the police found that the case is made out under Section 379 of IPC. Finding that the investigation was biased and not conducted properly, therefore, lower court passed the remark in the impugned order which is as follows :- <IMG>judgement_2150_ilr(mp)_2008_NP_2150_ILR(MP)_2008.jpg</IMG>

(3.) The grievance of the petitioner is that the remark was passed by the court without giving any opportunity of hearing to him. Further, when the remark was passed, charges were not framed against the accused persons. Therefore, before passing the remark, opportunity of hearing or show cause should have been given to the petitioner because adverse remark will affect the entire career of the petitioner. In this behalf, learned counsel for the petitioner relied on a judgment rendered by the Apex Court in the case of S.K. Viswambaran v. E Koyakunju and others reported in AIR 1987 SC 1436 in which it is held as under: