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SAMEER JAIN
Giriraj Sharma S/o Shri Magan Lal Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant petition is filed with the following prayers:
(B) By issuing an appropriate order, or direction, direct the Respondents to not to initiate any departmental inquiry on the basis of adverse remarks and if already ordered then same may be dropped.
(C) Any other appropriate order or direction which this Hon’ble Court deems fit and proper be passed in favor of the Petitioner.”
2. In a nutshell, the factual narrative of the instant matter is that the present petition is filed assailing the impugned order dated 19.03.2024, passed by the Judicial Magistrate in Criminal Case No. 323/2021 to the extent of paragraph nos. 9 and 11, wherein, the learned Trial Court had passed deleterious remarks, and had ordered respondent no. 2 to initiate appropriate inquiry qua the petitioner herein, who was the Investigat
Disparaging remarks against an Investigating Officer must meet a triple test of fairness, evidence, and necessity for the case's resolution.
: Judicial restraint and discipline are as necessary to orderly administration of justice.
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
The judgment emphasizes the authority of the Station House Officer to seek release of accused under Section 169 Cr.P.C. and the need for restraint in recording non-essential disparaging remarks.
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.
Judicial remarks that adversely affect a party's reputation must be made with caution, ensuring the party has an opportunity to defend themselves, and should only be necessary for the adjudication of....
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