- (1.) Heard Sri Pradeep Kumar Rai, learned counsel for the applicant assisted by Sri Prakarsh Pandey, Advocate as well as learned Additional Government Advocate for the State of U.P. and Sri Gaurav Mehrotra, Advocate who has put in appearance on behalf of opposite party no. 2.
(2.) The present application under section 482 Cr.P.C. has been filed by a judicial officer whose judgment in Criminal Case No. 909/2019 convicting the accused under Section 406 and 411 IPC , was set aside in appeal by the Sessions Judge, who has also commented adversely on the applicant and therefore being aggrieved by the same, prayer has been made to quash/expunge the said remarks.
(3.) The facts in brief are that the applicant while posted as Additional Chief Judicial Magistrate, Court No. 01, Hardoi heard and decided Criminal Case No. 909/2019 (State Vs. Yamohan Singh). The accused therein, was alleged to have appeared in an examination on 20/04/1999, and during the said examination when the investigator had accompanied one other student outside the hall, the accused left the examination along with the question paper and the answer sheet. It is stated that he was subsequently apprehended and found to be in possession of the answer sheet and was therefore charged under Section 406 and 411 of the IPC. The applicant decided the said case on 17/08/2019 and found the accused guilty and sentenced him to 2 years simple imprisonment and a fine of Rs. 5000/- failing which he was to undergo six months further imprisonment. The order of trial Court was subjected to appeal before the Sessions Judge, Hardoi.;