PANCHANAN PARIDA Vs. SUB DIVISIONAL JUDICIAL MAGISTRATE BALASORE

JUDGEMENT

(1.) Disparaging and derogatory remarks passed by Sub-divisional Judicial Magistrate, Balasore, against the petitioner, an advocate of Balasore District Bar who appeared for accused Nos. 1 to 6 in a Complaint case are sought to be expunged in this revision preferred u/S.482 of the Code of Criminal Procedure.

(2.) The Complaint Case was posted to 25-8-1987 for trial. On this date P.W.5 was examined before charge and cross-examined. Thereafter the petitioner-Advocate filed a memo stating therein the question put by him to P.W.5 while under cross-examination and the answer given by the latter, and made a grievance that the same had not been recorded. Thereupon the learned S.D.J.M. directed the complainant to bring P.W. 5 on 31-8-1987 'to clarify the matter'. On 31 -8- 1987 petitioner was allowed to put the question to P.W.5 and his answer has been recorded. The learned S.D.J.M. thereafter adjourned the case to 7-9-1987 for consideration of charge. The case thereafter underwent one more adjournment and ultimately on 14-9-1987 the learned S.D.J.H. heard argument from both sides in the matter of framing of charge and posted the case to 21-9-1987 for orders. On this date by a lengthy order, spread over four paras, he directed framing of charges against the accused persons. In the fifth and concluding para which is fairly long, while narrating the events that occurred on 25-8- 1987 and 31-8-1987, the learned S. D.J.M. went further and passed the following remarks against the petitioner Advocate in the order-sheet. The contents of the memo filed by the learned advocate for the accused Nos. 1 to 5 and the statement made by P.W.5 dated 31-8-87 clearly established that the contents of the memo are false. There is no iota of truth in it. The conduct of the learned advocate, by filing such memo in the court (Judicial proceedings) amounts to contempt of court and cancellation of his licence as an advocate. But the advocate concerned is too junior to be dealt with in the matter seriously. I feel ends of justice will be properly served if he is cautioned to be careful in future in filing false memos in the judicial proceedings..............

(3.) At this stage the question and answer contained in the memo may be extracted: