Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Remarks in Judgment Expunging remark Inherent power of High Court Duty of Judge. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | High Court -Inherent power in criminal cases -Remarks in Judgment-Duty of Judges -Expunging remarks-Power of High Court -State Government, if can apply -Code of Criminal Procedure, 1898 (Act V of 1898), s. 561-A. While disposing of a criminal appeal the High Court directed the issue of a notice to N, the investigating officer, to show cause why a complaint should not be instituted against him under s. 195, Indian Penal Code. N appeared and threw himself at the mercy of the Court and asked for forgiveness. The High Court accepted the apology hesitatingly but made the following among other remarks against the police force. "(a) If I had felt that with my lone efforts I could have cleaned this augean stable, which is the police force, I would not have hesitated to wage this war single handed. (b) That there is not a single lawless group in the whole of the country whose record of crime comes anywhere near the record of that organised unit which is known as the Indian Police Force. (c) Where every fish barring perhaps a few stinks, it is idle to pick out one or two and say that it stinks." The State applied to the High Court under s. 561-A, Code of Criminal Procedure, for expunging these remarks from the judgment, but the application was dismissed on the grounds that the State was not an aggrieved party and had no locus standi to make the application under s. 561-A and that there were no good grounds for expunging the remarks from the j?>judgment. On appeal by special leave from the order of the High Court. |
Judge | Hon'ble Mr. Justice S.K Das |
Neutral Citation | 1963 INSC 60 |
Petitioner | The State Of Uttar Pradesh |
Respondent | Mohammad Naim |
SCR | [1964] 2 S.C.R. 363 |
Judgement Date | 1963-03-15 |
Case Number | 81 |
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