Law:

Section:

Criminal Procedure Code (V of 1898)----S. 561-A-Expunction of remarks-Petitioner a IInd Additional District & Sessions Judge empowered by Sessions Judge to do scrutiny work, send for R & P in suitable cases, and make references or entertain, revisions, finding certain complaints improperly dismissed by a Magistrate, hence proceeding in suo motu revision and directing notice to accused-Complainant having gone in revision before ist Additional Sessions Judge records called for but sent by office directly without bringing such fact to petitioner's notice and revision dismissed by ist Additional Sessions Judge-Notices issued by petitioner served on accused, acc used appearing on first hearing but failing to appear on adjourned date--Petitioner initiating action against accused under S. 174, Penal Code, 1860- and issuing non-bailable warrants of arrest ­High Court in revision filed by accused holding matter having been finally dealt with by ist Additional Sessions Judge and consequently not liable to be re-opened-High Court further holding petitioner not having been delegated powers of hearing revisions in general and wondering as to what prompted petitioner to take extraordinary interest in matter and order prosecution of accused under S. 174, Penal Code, 1860, and issue non-bailable warrants of arrest-High Court on petitioner's application for expunction of remarks finding legal cover for action taken in respect of delegation order but not finding justifica­tion for taking parallel suo motu revision proceedings after disposal of affected person's revision and dismissing petition for expunction of remarks-Supreme Court on being approached by petitioner, holding letters of requisition of record and sending them back making mention of names of parties and law under which complaints filed and such letters having been put before petitioner, ordinarily sufficient to put him on inquiry with regard to nature of proceedings and its effect on matter before him ; petitioner in his detailed order showing full awareness of matter before him; High Court in circumstances .justly not fully satisfied with petitioner's explanation and rightly declined to expunge…

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