ANIL KUMA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner has filed this application under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') for expunging certain remarks made by the learned Judicial Magistrate, Second Class, Panposh at &mrkela in his judgment in GR Case No. 930 of 1989 (TR No. 111 of1991) disposed of on 72-1992. Petitioner was the informant in the side GR Case and three persons faced trial. One of the accused persons, namely, Padma Charan Sarnal filed a counter case which was registered as GR Case No. 931 of1989 in which the petitioner and his wife were arrayed as accused persons. After completion of investigation charge-sheet was submitted against them and case was taken up by the learned Judicial Magistrate, Second Class (in short, JMSC) for trial. Order of acquittal was passed under Sec. 235(1) of the Code pending disposal of the counter case. The following observations were made, which according to the petitioner, are irrelevant and should be expect. It reveals that they are of quarrelsome in nature and they used to quarrel with others. This case also is an outcome of their quarrelsome nature. (Para 11 of the judgment-concluding lines) Here, PW 4 and PW 5 instituted a case in order to screen their guilt. (Para, 14 of the judgment-concluding lines) Here, .the statement of PW 5 is nothing but an exaggeration piece of evidence and suffer from concoction and embellishment of fact. (Para 9 of the judgment-concluding lines)

(2.) Observation should not be made by Courts against persons and authorities, unless they are necessary for the decision of the case. Courts are temple of justice. The parties before it, the counsel are devotees who come to it to seek blessings of justice; parties directly, and counsel on their behalf Presiding Officer of the Court is the head priest of the temple of justice. Curia, Court is a place where justice is judicially administered, and is derived a cura quie in court is publics cures gerebant. Object of Court is to decide the rights of the parties and not to punish them for mistakes they make in the conduct of their odses. Courts essentially exist for deciding matters in controversy. Principal function of a Court is not to enforce discipline; it may incidentally be called upon to deal with that aspect.

(3.) Courts are not expected to play to the gallery and to make uncalled for observations touching upon professional competence, conduct of a counsel, person or authority. Harsh or disparaging remarks are not to be made, unless they are required to be made for decision of the case.