Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 164-A

(a) Criminal Procedure Code (V of 1898) S. 561-A-Expunction of remarks-Additional Sessions Judge passing remarks against petitioner Magistrate: "My impression is that some foreign body from the accused side had contacted him earlier otherwise there was no justification to hamper the police investigation"-Additional Sessions Judge also ordering petitioner to bear expenses of allegedly kidnapped girl's stay in Darul Aman-- Contended: Additional Sessions Judge not justified in passing derogatory remarks against petitioner particularly when no oppor tunity afforded to him to explain his position, petitioner acted in good faith in directing girl to be kept. in Darul Amon, and Additional Sessions Judge possessed no jurisdiction to direct recovery of expenses of girl's stay in Darul Amon from petitioner-Held, Magistrate's direction to keep girl in Darul Amon till her statement recorded in accused's presence --- Issued with object of protecting accused's interest and also not without jurisdiction ---- No material existed on record to attribute any motive to petitioner-Remarks of Sessions Judge as to some foreign body from accused's side having contacted him earlier-Not justified-Direction for girl's expenses to be paid by Magistrate also not warranted by law-Additional Sessions Judge's order set aside and disparaging and derogatory remarks against petitioner ordered to be expunged.---[Expunction of remarks]. (b) Criminal Procedure Code (V of 1898) S. 164-A- Magistrate's order as to allegedly kidnapped girl's statement being recorded at a later date in presence of accused so that he only be able to cross-examine her-Held a legal order. (Cross-examination- Accused). (c) Criminal trial Order for allegedly kidnapped girl to be kept in Darul Amon till her statement recorded in presence of accused --- Open to question -No request having been made in such regard by Police or by any other person including girl herself, no justification existed for bet being sent to Darul Aman-Girl's statement having had to be recorded as a witness and not as confession, petitioner Magistrate should not have worried to let her make her…