AJOY KUMAR MUKHERJEE Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 561 -A of the Code of Criminal Procedure for expunging certain remarks made by Mr. B. C. Hazarika, Magistrate, First Class, Barpeta, in an order dated 7 -11 -57. The petitioner was neither a party nor a witness to the proceeding.

(2.) IT appears that a complaint was lodged by one Darbesh Ali Sarkar against the accused in the case, Safaruddin Sarkar and others, charging them of an offence of conspiracy for murdering the complainant, under Section 120B of the Indian Penal Code. The defence case was that the accused were entirely innocent and that the case had been falsely started at the instance of the petitioner who was the owner of a parallel 'hat' called -Khorma Hat, of which the complainant Darbesh was a lessee.

(3.) I accordingly allow this application and direct that those remarks should be expunged from the record.