BHAGWATI, J. :- In regard to cri. Appln. No.499 of 1952 which is an application for expunging certain remarks which were made by the learned Presidency Magistrate against Bssa Noor Mohomed, it will be apposite to refer to the principles which govern the applications for expunging such remarks as laid down in the authorities. The first case to which our attention was drawn by Mr. K.A. Sonrjee in this connection was In re Public Prosecutor, AIR 1944 Mad 320. It was a decision of Leach, C.J., and Lakshmana Rao, J. of the Madras High Court. In the case before the learned Judges of the Madras High Court, a sort of a homily was preached by the learned Sessions Judge to the Government in regard to the desirability of not enforcing too strictly certain punitive measures which were enacted by the Government. The Government had made an application for an order expunging these remarks from the judgment of the learned Sessions Judge. The learned Chief Justice in the course of the judgment observed (p.320) :

"... We have no doubt that in a proper case the Court has power to expunge a part of a judgment of a Court subordinate to it ; but it will only take such action when the words objec