HARIHAR BAHINIPATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition under Section 561 -A of the Code of Criminal Procedure to expunge certain remarks appearing against p.w. 5 in the judgment dated 9 -2 -1970 of Shri U.N. Padhi, Sub -divisional Magistrate, Puri, in 3(c) C.C. 73/67.

(2.) MR . Misra (2) while moving the said petition directed his submission only against certain remarks appearing against p.w. 5 in the last sentence of paragraph 9 in the impugned judgment which is as follows:

(3.) THE findings of the Court below in the above quoted sentence about the indignation of p.w. 5 resulting from the failure of the Civil Supplies Officer to come immediately to the shop of the accused, and the holding of a meeting by p.w. 5 on a subsequent occasion, in the context they have been stated, were absolutely unnecessary for the decision of the case on merits or for the assessment of the evidence of p.w. 5. The remark about the said supposed mental reaction of p.w. 5, apart from being conjectural, is out of place and not relevant on any consideration. If there was any cause for indignation, that was against the Civil Supplies Officer and the consideration of the same along with the matter relating to the meeting does not help the Court in deciding the matter before it. I am, therefore, of the view that the entire sentence should be expunged from the impugned judgment, and by doing so the judgment is not affected in any manner whatsoever.