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SANDEEP N. BHATT
Mukesh Gulabbhai Kapadiya – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. All these applications are filed under Section 482 of the Code of Criminal Procedure, 1973 (`the Code’ for short) for holding and declaring that the observations made against the applicant herein (i) in the impugned orders dated 3.10.2019 passed below Exh.435 and dated 24.10.2019 passed below Exh.438 in Special CBI Case No.16 of 2005 (ii) in the impugned orders dated 3.10.2019 passed below Exh.282 and dated 24.10.2019 below Exh. 284 in Special CBI Case No.17 of 2005; (iii) in the impugned orders dated 3.10.2019 passed below Exh.356 and dated 24.10.2019 below Exh. 358 in Special CBI Case No.18 of 2005; and (iv) in the impugned orders dated 3.10.2019 passed below Exh.479 and dated 24.10.2019 below Exh.483 in Special CBI Case No.19 of 2005, as absolutely unwarranted, bad, illegal and against the evidence on record and to expunge the same.
2. As the common question of facts and law are involved in all these applications, at the request of learned advocates for the parties, they are heard together and disposed of by this common oral order.
3. Rule returnable forthwith. Respective learned advocates parties waive service of rule for the respective parties.
4. For the sake of conven
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The High Court has inherent jurisdiction to expunge remarks made by itself or lower courts to secure justice, but this power is to be exercised in exceptional cases only.
A Special Public Prosecutor's authority is limited to the case for which they are appointed, and they cannot challenge orders in higher courts without specific authorization.
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
Remarks by higher courts against subordinate judicial officers must be necessary and justified to uphold judicial dignity and independence.
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