GYANENDRA KUMAR PRADHAN Vs. BHAGIRATHI TARASIA

JUDGEMENT

(1.) THIS is an application invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure to expunge a portion of the judgment of the learned Magistrate dated 8. 11. 1982.

(2.) ON an application filed by one Asali Dei and her minor son under Section 125 of the Code of Criminal Procedure, the same was registered as Criminal Misc. Case No. 1 of 1979 in the Court of the Sub -Divisional Judicial Magistrate, Rairakhole. In the said application, the petitioners claimed maintenance from the opposite party -husband, Chakradhar Pradhan. The present petitioner is the counsel appearing for the said Chakradhar Pradhan in the aforesaid case. The learned Magistrate who tried the case while delivering judgment has made certain remarks in the judgment against the present petitioner. The petitioner has, therefore, filed this application praying to expunge the said remarks.

(3.) IN the case of The State of Uttar Pradesh v. Mohammad Naim A. I. R. 1964 S. C. 703, their Lordships have observed that the High Court can in exercise of its inherent jurisdiction expunge remarks made by it or by lower Court if it be necessary to do so to prevent abuse of process of the Court or otherwise to secure the ends of justice. In paragraph 10 of the said judgment, the Supreme Court held thus :