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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Surendra Sharma S/o Shri Shyam Lal Sharma – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. factual background of the case and investigation. (Para 1 , 2) |
| 2. arguments against the trial court's adverse remarks. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis of procedural fairness and necessity of opportunity to defend. (Para 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. interpretation of natural justice principles impacting remarks. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. decision to quash adverse remarks due to breach of principles of natural justice. (Para 24) |
| 6. conclusion of the petition allowing the request to expunge remarks. (Para 25 , 26) |
Judgment :
ANAND SHARMA, J.
1. Aggrieved by the adverse remarks recorded by the Special Judge, Protection of Children From Sexual Offences Act, 2012 and Commissions for Protection of Child Rights Act, 2005, No.4, Kota (Rajasthan) in its judgment dated 07.09.2021 against the petitioner, he has preferred the instant Criminal Miscellaneous Petition.
2. It is submitted by learned counsel for the petitioner that on FIR No.134/2019 was registered at Police Station Khatoli, District Kota (Rural) alleging therein that daughter of complainant aged in 17 years was missing since 25.05.2019 and one accused Hukam Singh had kidnapped her
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
: Judicial restraint and discipline are as necessary to orderly administration of justice.
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.
The court emphasized the importance of preventing abuse of the legal process and securing the ends of justice.
The judgment established the principle of judicial restraint and the separation of powers, emphasizing that the judiciary should not overstep its jurisdiction by directing disciplinary action against....
Adverse remarks against an officer without a hearing violate natural justice principles, rendering such remarks unsustainable.
Adverse remarks against public servants must be justified by evidence and made only after affording an opportunity to explain their conduct; mere negligence does not equate to wilful negligence under....
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