A C CHATTERJEE Vs. STATE

JUDGEMENT

(1.) SRI A. C. Chatterjee, the petitioner' before us, has had been holding the office of the Public prosecutor -cum- Government Pleader for the District of Darjeeling continuously from the year 1947. As Public Prosecutor he appeared on behalf of the State of West Bengal in Criminal Appeal no. 12 of 1984 which was heard by the Sessions Judge, Darjeeling. After the argument of the learned Advocate for the appellants therein was over, Sri Chatterjee submitted that the order of conviction and sentence, against which the appeal was preferred, could not be supported. As the learned Judge felt that the appellants' argument was not convincing he asked sri Chatterjee to submit a written argument. In compliance thereof Sri Chatterjee submitted the following written argument cr. A. 12/84

(2.) NOTWITHSTANDING such concession made by the State, the learned Judge upheld the impugned order and dismissed the appeal by his judgment dated June 25, 1985. In that judgment he also made the following remarks against' Sri Chatterjee :

(3.) AGGRIEVED by the above quoted remarks Sri Chatterjee filed this application under Section 482 of the Code of Criminal procedure for their expunction. To expedite matters we directed, instead of issuing a Rule Nisi service of the copy of the application upon the learned Sessions Judge to enable him to offer his comments, if any, on the various averments made therein. Pursuant to the said direction copy was served and the learned District and Sessions Judge has offered his written comments, which have been kept on record.