YATINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition was filed by petitioner Yatinder Kumar for expunging the adverse remarks in para No.80 of the impugned judgment dtd. 9/9/2016 (Annexure P-1) passed by learned Additional Sessions Juge, Gurgaon and for quashing all the consequential proceedings arising out of the such impugned adverse remarks.

(2.) A few facts necessary to notice are that one Ramesh Chand was tried by the Court of Shri R.P. Goyal, Additional Sessions Judge, Gurgaon in respect of a case registered vide FIR No.18, dtd. 9/3/2006 at Police Station SVB, Gurgaon, under Ss. 420, 467, 468, 471, 120-B of Indian Penal Code and Sec. 13(1) of Prevention of Corruption Act, 1988. The aforesaid Ramesh Chand was held guilty by the Trial Court vide judgment dtd. 9/9/2016 (Annexure P-1). The Trial Court in its concluding para No.80 made the following observations :

(3.) The petitioner Yatinder Kumar (Tehsildar) assailed the aforesaid remarks by way of filing the instant petition as pursuant to the said remarks, he had been proceeded against and a challan had been filed and charges also came to be framed against him. Para No.3 of reply dtd. 30/7/2020 filed by State is reproduced hereinunder: