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ANIL KUMAR UPMAN
Harjilal Yadav – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Anil Kumar Upman, J.
1. The petitioner has filed this misc. petition under Section 482 Cr.P.C. with the following prayer:
Any other order or relief, which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner.”
2. The petitioner was the Investigating Officer of FIR No. 509/2019 registered at Police Station Gangapur City for offence under Section 363 IPC. After completion of investigation, the police filed charge-sheet against accused Harsh Singh Chauhan @ Pawan @ Golu and Sanjay Kumar for offences under Sections 363, 366A and 376D IPC and Sections 5/6 and 17/18 of the POCSO Act before the learned Trial Court.
3. The learned Trial Court vide judgment dated 21.4.2023, acquitted both the accused persons of the charges. However, the learned Trial Court recorded adverse remarks again
The court emphasized the necessity of providing a hearing before making disparaging remarks, quashing directions for disciplinary action against the petitioner.
Natural justice mandates that individuals must be afforded an opportunity to be heard before the court issues adverse remarks that could impact their professional future.
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
Judicial remarks against individuals must comply with principles of natural justice, necessitating notice and an opportunity for a hearing before issuing adverse comments, particularly for officials.
Disparaging remarks against an Investigating Officer must meet a triple test of fairness, evidence, and necessity for the case's resolution.
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.
Adverse remarks against an officer without a hearing violate natural justice principles, rendering such remarks unsustainable.
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