HIGH COURT OF MADHYA PRADESH : JABALPUR
M.Cr.C. No. 4546/2010
Sanjay Dwivedi
-Vs-
State of Madhya Pradesh and another
PRESENT : HON. M.A.SIDDIQUI,J.
Shri Mahendra Pateria, Advocate for petitioner.
Smt. Sushila Paliwal, GA for State.
ORDER RESERVED ON 29/04/2011.
ORDER PASSED ON 04/05/2011.
ORDER
This petition has been filed under Section 482 of
Cr.P.C.to invoke the extra ordinary jurisdiction of this
Court to expunge the adverse remarks passed against
petitioner Sanjay Dwivedi in paragraph 20 of judgment
dated 16.09.08 delivered in ST No. 143/2008 by the 6th
Addl.Sessions Judge to the Court of 2nd Addl. Sessions
Judge, Sagar, Camp at Rahli.
(2) Learned counsel appearing for petitioner submitted
that petitioner was the Incharge of PS-Garhakota,
District-Sagar. In the instant case, the Investigating
Officer Krishnkant Mishra who was posted as ASI at the
relevant time conducted the entire investigation, only
challan was filed by the petitioner in the case, and in the
trial of ST No.143/08 said Krishnkant Mishra was
-2-
examined as a prosecution witness no.7. Petitioner was
never examined and no opportunity was given to him of
being heard and certain remarks were passed against
him by the learned trial Judge in his judgment in para 20
in which not only strictures were passed against
Krishnkant Mishra, but at the same time, strictures were
also passed against the petitioner and a departmental
enquiry was ordered to be initiated and it was expected
that petitioner will be punished.
(3) Learned counsel for petitioner has placed reliance
on a judgment of Apex Court in A.M.Mathur vs. Pramod
Kumar Gupta and others (1990) 2 SCC 533 wherein it
has been held that adverse comments without giving an
opportunity of hearing to the person concerned were
unwarranted, unjustified and without jurisdiction and
therefore, must be expunged.
Learned counsel for petitioner has further placed
reliance on a judgment of this Court in K.P. Singh
Kushwaha vs. State of M.P. 2005 (2) MPHT 423 in
which it has been held that where during trial while
acquitting the accused certain adverse remarks were
made in the judgment against the conduct of the
Investigating Officer and trial Court also gave directions
to police authority for initiation of departmental enquiry
-3-
and to punish him without giving opportunity to show
cause, such action of trial Court was not proper, it was
held that trial Court has no jurisdiction to direct the
authority for initiation of DE and to punish the applicant.
(4) From perusal of judgment delivered in ST
No.143/08, it is clear that no opportunity of hearing was
provided to the petitioner though learned GA appearing
for State has supported the judgment and adverse
remarks, but legally such remarks cannot be allowed to
stand as no opportunity of hearing was given to
petitioner which is against the principle of natural
justice. I find present to be a fit case to invoke the extra
ordinary jurisdiction of this Court under S.482 Cr.P.C.by
expunging the adverse remarks made against petitioner
Sanjay Dwivedi. The adverse remarks made against
petitioner Sanjay Dwivedi in para 20 of the judgment
delivered in ST No.143/08 referred to above are
expunged.
(5) Resultantly, petition is allowed.
(M.A.Siddiqui)
Judge.
Jk.