IMPORTANT POINT
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.

ORDER :

(A. BADHARUDEEN, J.)

In this Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure, the relief sought for by the petitioner is to expunge the adverse remarks made against him by the Fast Track Special Judge, Changanassery, in paragraphs 10 and 11 of the order in Crl.M.P.No.78/2021 in S.C.No.122/2020 dated 10.09.2021.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the impugned order.

3. In this matter, originally crime was registered, alleging commission of offences punishable under Sections 447, 354-C and 324 of the Indian Penal Code (`IPC' for short) as well as Section 15 of the Protection of Children from Sexual Offences Act, 2012 (`POCSO Act' for short) by the accused. Thereafter, the accused filed an application under Section 227 of Cr.P.C seeking discharge contending that none of the offences would attract against him. The learned Special Judge addressed the contention raised by the accused and discharged the accused for the offences punishable under Sections 201 and 354 of IPC as well as Section 15 of the POCSO Act and allowed prosecution against him for the offences punishable under Sections 447 and 324 of IPC. While pronouncing the order, the learned Special Judge in paragraphs 10 and 11 observed as under:

“10. Let me consider the maintainability of Sections 201 and 354(C)11.2019 itself the accused and the mobile phone were handed over to the Inspector of Police Manimala Circle at about 1 p.m. However the Circle Inspector freed the accused and handed over the mobile phone without further enquiry. The first information report was recorded by the Sub Inspector of Manimala only on 20.11.2019. According to prosecution the accused destroyed the mobile phone in between. So there is no scope for forensic examination of the mobile phone used by the accused on 05.11.2019. Anyhow the court could only found that from the porn picture in the mobile phone, age of the girl in the picture cannot be presumed or concluded. Since the main offence under Section 15 of the POCSO Act is not maintainable, offence of destruction of the mobile phone carrying such a picture is also not maintainable under Section 201 IPC. Similar is the situation of 354(C) IPC. If the mobile phone seized from the accused on 05.11.2019 was forwarded to the court, it would have been properly examined at the forensic lab and this instrument would have been the best evidence to maintain the offence under Section 354(C) IPC. However by the conscious and purposeful return of the mobile phone, immediately without further enquiry to the accused, the Inspector of Police, Manimala Circle has closed the chance of evidence to facilitate the cause of the accused. Hence court concludes that there are no materials to frame charges against the accused under Sections 354() and 201 IPC. At the same time the wrongful entry of the accused in the school premises and hitting Cw1 with his helmet, the accused is prima facie committed the offences punishable under Sections 447 and 324 IPC. Hence accused is liable to face trial before the proper court for offences punishable under Sections 447 and 324 IPC.

11. The court found from the prosecution records itself the purposeful and conscious attempt from the Inspector of Police, Manimala Circle on 05.11.2019 to save the accused by facilitating the destruction of evidene. He who handed over the mobile phone without forensic enquiry immediately to the accused has caused his discharge at least in respect of the offence under Section 354© IPC. Hence this court recommends stringent departmental action against the Inspector of Police, Manimala Circle on 05.11.2019 by the State Government. Immediately after delivering this order, communicate a copy of the same to the respected Registrar, District Judiciary, Hon’ble High Court to invoke departmental disciplinary action against the Inspector of Police, Manimala Circle on 05.11.2019 by the Secretary of Government