PADAM KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The grievance expressed by the petitioner Dr. Padam Kumar Jain, a Judicial Officer of Rajasthan Higher Judicial Service, over the caustic and severe censure made against him by a single Judge (Hon'ble Y. R. Meena J.) of this Court in an order dated August 29, 1996 in S. B. Criminal Misc. Petition No. 125/1996 (defect). The petitioner moved this Court by way of a petition u/S. 482, Cr. P.C. to have those disparaging remarks expunged but instead of getting them erased the learned Judge on June 9, 1997 disposed of the petition thus -

(2.) The petitioner on July 14, 1997, submitted another application u/S. 482, Cr. P.C. seeking modification of order dated June 9, 1997. It was prayed by the petitioner that observations in para 7 of the judgment dated August 29, 1996 be expunged. The application was placed before Hon'ble Y.R. Meena J. but it could not be heard. Since Hon'ble Y. R. Meena J. has been transferred to the High Court of Judicature for Calcutta, the application has come up before me for adjudication.

(3.) It is universal principle of law that, when a matter has been finally disposed of by a Court, the Court is, in the absence of a direct statutory provision, functus officio and cannot entertain a fresh prayer for the same relief unless and until the previous order of final disposal has been set aside. Section 362, Cr. P.C. provides thus :