OMPRAKASH TRIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS application is directed by the applicant under S.482 Cr.P.C. for expunging adverse remarks passed against the applicant in order dated 11.3.97, passed by the Judicial Magistrate, Badwah, District West Nemar, while disposing of the bail application of the accused Ganesh @ Vijay in connection with Crime No. 77/97 registered at P.S. ·Badwah.

(2.) BRIEFLY stated, the facts of the case are that on the bail application filed by the accused persons in connection with Crime No. 77/97 registered at P.S. Badwah, case diary was produced by Constable Baliram, (B.No. 96) and Suryakant Mishra (B.No.476) of the concerned Police Station. On considering the bail application, filed by the accused, it was found that the case diary was incomplete. The first information report and the statement of the complainant and other relevant witnesses recorded under S. 161 Cr.P.C. were not available in the case diary. No responsible police officer from the concerned police station was present in Court to explain as to why incomplete case diary not containing important papers, was produced in the Court. The constables present, informed the Court that SHO Omprakash Trivedi has gone out alongwith the part of the case diary containing first information report and other documents. The Magistrate, in the circumstances, considered the bail application filed by the accused persons and granted bail to the said accused persons, In the aforesaid order, in last but one paragraph, the Magistrate passed structures in the following words against the applicant who was also Investigating Officer of the said Crime No. 77/79.

(3.) I have heard Shri Umesh Maheshwari and Shri V.S. Bule, PL appearing for the State/NA No. 1, None appeared for other NAS, who are accused/persons and impleaded only as formal party. 1996 (7) Supreme 143].