Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 395,412,109

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860) Ss. 395, 412 & 109---Expunction of condemnatory remarks against complainant---Inherent powers of court, exercise of/complainant sought expunction of remarks made by Magistrate while acquitting accused person of offences under Ss. 395, 412 & 109, P.P.C.--- Contention of petitioner/complainant, inter alia, was that impugned remarks stated that petitioner/complainant had falsely lodged FIR against accused to cover-up his own embezzlement, and the same were made without any basis---Validity----High Court observed that courts should not pass any pejorative remarks against a person/authority not party to proceedings and must not castigate even those who appeared before it and vilipend comments against even witnesses and counsel should be avoided---While acquittal of accused was one thing, question of whether complainant embezzled any money was another---Impugned remarks that complainant / petitioner lodged fake FIR to cover-up his own crime were not supported by any legal evidence and petitioner/complainant was not afforded any opportunity to explain his position---High Court further observed that impugned remarks adversely affected petitioner/complainant and stigmatized him---Impugned remarks were expunged---Revision was allowed, accordingly. Emperor v. Ch.Mohd. Hassan AIR (30) 1943 Lahore 298; In the matter of expunging certain remarks made by a Magistrate against Additional District and Sessions Judge, Lyallpur PLD 1950 Lah. 34; Sh. Inayat Ullah Butt v. Cantonment Board, Rawalpindi PLD 1957 Lah. 583; Malik Firoz Khan Noon, Prime Minister's House, Karachi v. The State PLD 1958 SC (Pak.) 333; Ch. Muhammad Ashraf v. The State 1975 PCr.LJ 632; Syed Saleh Muhammad Shah v. The State 1986 PCr.LJ 2772; The State of Uttar Pradesh v. Mohammad Naim AIR 1964 SC 703; Panchanan Banerji v. Upendra Nath Bhattacharji AIR 1927 Allahabad 193; Izhar Ahmad Khan v. The State 1994 PCr.LJ 353; R. K. Lakshmanan v. A. K. Srinivasan and another AIR 1975 SC 1741; Niranjan Patnaik v. Sashibhusan Kar and another AIR 1986 SC 819 and S. K. Viswambaran v. E. Koyakunju and others AIR 1987 SC 1436 rel. THIS ORDER…

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