M.R. SACHDEVA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for expunging certain adverse remarks from the judgment dated 30-9-1989 in Criminal Misc. No. 6057-M of 1988.

(2.) BRIEF facts of the case are that on a petition (Crl. Misc. No. 6057-M of 1988) filed by one Inder Dev Gaur, FIR No. 228 dated 2.8.1987 under Section 52 of the Indian Post Office Act, 1898 lodged at the instance of Mr. M.R. Sachdeva, who was Senior Postmaster, was quashed. In the last paragraph of the order quashing the FIR it was observed as under.

(3.) THE contention of learned counsel for the petitioner on the other hand, is that the High Court has not only the power under section 482 of the Code to expunge the offending remarks but a duty to prevent the abuse of process of the Court. Learned counsel referred to Vinod Kumar Jain and others V. J.P. Sharma and ors., 1986 (2) CLR 110 in which this question directly arose. Malik Sharief-Ud-Din. J. who had earlier passed certain remarks cexpunction of which was sought in a later petition held that the High Court possesses inherent jurisdiction to delete and expunge the offending remarks in the circumstances justifying the said course.