LAWS(CAL)-1965-12-14

A N M ASRAF Vs. STATE

Decided On December 03, 1965
A N M ASRAF Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an application under Section 561A of the Code of Criminal Procedure by a witness who feels aggrieved by certain remarks and observations passed by the learned Magistrate in the judgment, praying for expunction of those remarks. On Nurul Haque who was the cashier in the office of the Official Mutwalli of Calcutta was charged for criminal breach of trust in respect of a sum of Rs. 51,000 odd. The Petitioner who is the Official Mutwalli was examined as a witness in the case and it is the observation and findings of the learned Magistrate relating to this Official Mutwalli in course of the judgment that is the subject-matter of the present application. The accused in the case was acquitted, but the learned Magistrate is found to have made some very damaging and uncharitable remarks against the conduct of the Official Mutwalli, P.W. 11.

(2.) There is no question that in appropriate circumstances the High Court has the power to expunge from judgments of subordinate Courts observations and remarks which may be found to be unnecessary and uncalled for and are found to have damaged somebody's reputation in connection with the case. One of the recent cases in this regard is the State of Uttar Pradrsh v. Mohammad Nairn, 1964 CrLJ 549. Their Lordships of the Supreme Court in that case set out certain tests which would justify the expunction of objectionable remarks from judgments and it was observed:

(3.) In the present case, the Official Mutwalli appeared as prosecution witness-No. 11. His conduct as such witness came into consideration before the Court in that case. It will be necessary now to consider whether the observations that are now objected to satisfy the above prescribed tests and whether, in the circumstances, this Court will be justified in expunging those remarks, as prayed for.