NAND KISHORE TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has filed this application under Section 482 of Cr. RC. for expunction of certain remarks made against the applicant by the Addi­tional Sessions Judge and the Special Judge, Shajapur, Shri M.A. Siddiqui in judgment dated 1-6-96 rendered by him in S.T No. 22/95, State of 'M.P. through Police Akodia v.Harjikhan s/o Ali Asgar Khan.

(2.) BRIEFLY stated the facts of the case are that the applicant on 10-10-95 was posted as SDO (Police) at District Shajapur. On the aforesaid date, SHO Police Station Akodia received an infor­mation from the informer that one Hajikhan S/o Ali Asgar Khan is selling opiwn in front of the cycleshop and possessed of the opium in his pockets. The information was reduced into writing by the SHO in com­pliance to the provisions of Section 42(1) of the N.D.P.S. Act. It is stated that at the time of receipt of information, the ap­plicant was present at the P.S. Akodia in connection with some other official work.

(3.) THIS application has been filed, by the applicant for expunction of the said strictures passed by the learned trial Judge against him in the judgment.