- (1.) - Special leave granted. The respondent, though served with dasti notice even on 12-2-9 1, neither is he present in Court nor is he appearing through any counsel. Hence, we heard the learned counsel for the appellants at length, perused the documents carefully as well as the impugned observations made by the learned Judges and the affidavit filed by the appellant No.2, namely, K. P. Raghyuvanshi, who was then the Deputy Commissioner of Police, Zone 3, Kalyan, District Thane, Maharashtra State' The prayer in this appeal is for expunction of the following remarks made by the learned Judges in their order dated. 15-7-1988: "In these circumstances we are constrained to inform the State Government that power to pass orders under the Bombay Police Act should be withdrawn from Raghuvanshi and this order should be communicated to Shri Raghuvanshi wherever he is posted."
(2.) In this context, we would like to point out that on an earlier occasion the appellants came before this Court for expunction of the same remarks but this Court passed the following order: "We are of the opinion that instead of coming to this Court, the petitioner should have gone to the High Court for the review of the observations made against petitioner No. 2. The petition is accordingly dismissed." Thereafter the appellants filed Criminal Ap.plication No. 2242/89 'in Criminal W.P. No. 831 of 1987 for deleting the remarks made against the 2nd appellant. But the High Court dismissed the application observing "It is not necessary to delete the observations." Hence this appeal. Before us, the second appellant ,has filed an affidavit the relevant portions of which are extracted hereunder: "I respectfully say and submit that on an erroneous assumption that I have been repeatedly committing the said mistake, the Hon'ble High Court made observations, and passed the strictures against me inter alia directing the State Government to. withdraw the powers exercisable by me under the Bombay Police Act and particularly powers under S. 56(1)(b) of the said Act." (Vide Para VI of the affidavit)
(3.) In Paragraphs 7 and 8 the second appellant states as follows : "I respectfully say and submit that in any case if at all the Hon'ble Court felt that I had wrongly exercised the powers. under S. 56(1)(b) of the Bombay Police Act and that the said order has been passed without any application of mind, I state that the said committed by me are pure mistakes if any, committed by me are purely unintentional and inadvertent and in future I will strive to ensure that the same are not repeated." "I respectfully say and submit that I wish to tender my sincere and unconditional apology to the Hon'ble High Court for the purported lapse on my part which are purely inadvertent and unintentional as stated above and as such I will ensure that such mistakes do not recur." ;