Case Note & Summary
The petitioner, Hanumantharaya, an Inspector of Police, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash/expunge adverse remarks and a direction made by the III Additional Sessions Judge, Kalaburagi, in the judgment dated 19.03.2018 in Special Case No.146/2010. The petitioner was appointed as Sub-Inspector of Police on 13.03.2001 and later promoted as Inspector of Police, posted to Chowk Police Station, Gulbarga in 2009. On 04.12.2009, a murder of one Sharanabasappa occurred at about 7:30 p.m. within the jurisdiction of the petitioner's police station. On that date, the petitioner was out of headquarters. The Sessions Judge, while convicting the accused in the murder case, made remarks and a direction against the petitioner regarding the investigation. The petitioner contended that he was not a party to the proceedings and was not given an opportunity of hearing before the remarks were made. The High Court held that the remarks were made without affording the petitioner an opportunity of hearing, violating principles of natural justice. The court noted that the remarks were not necessary for the disposal of the case and were unwarranted. Relying on the inherent power under Section 482 Cr.P.C., the High Court allowed the petition and expunged the remarks and direction made by the Sessions Judge against the petitioner.
Headnote
A) Criminal Procedure - Quashing of Adverse Remarks - Section 482 Code of Criminal Procedure, 1973 - Natural Justice - The petitioner, a police inspector, sought expungement of adverse remarks made by the Sessions Judge in a judgment convicting accused in a murder case, where the petitioner was not a party. The High Court held that such remarks, made without giving the petitioner an opportunity of hearing, are unsustainable and liable to be expunged. The court relied on the principle that no order adverse to a person should be passed without affording him a hearing. (Paras 1-5) B) Criminal Procedure - Expungement of Remarks - Section 482 Code of Criminal Procedure, 1973 - The High Court has inherent power under Section 482 Cr.P.C. to expunge remarks made by a subordinate court if they are unwarranted and not based on evidence, especially when the person affected was not a party to the proceedings. The court found that the Sessions Judge's remarks regarding the petitioner's investigation were not necessary for the disposal of the case and were made without hearing the petitioner. (Paras 2-5)
Issue of Consideration
Whether the adverse remarks and direction made by the Sessions Judge against the petitioner, who was not a party to the proceedings, can be sustained without affording him an opportunity of hearing.
Final Decision
The petition is allowed. The remarks and direction made by the learned Sessions Judge in the judgment passed in S.C.No.146/2010 dated 19.03.2018 on the file of III Additional Sessions Judge, Kalaburagi, against the petitioner are quashed/expunged.
Law Points
- Natural Justice
- Adverse Remarks
- Expungement
- Section 482 Cr.P.C.
- Opportunity of Hearing
