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2022 Supreme(P&H) 1048

VINOD S. BHARDWAJ
Vivek Chaudhary – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Mr. Akshay Bhan, Senior Advocate, with Mr. Gurinder Singh, Advocate, for the Appellant; Mr. Kanwar Sanjiv Kumar, AAG, Haryana., for the Respondent.

JUDGMENT

Vinod S. Bhardwaj, J. (Oral). - The case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

1. The instant petition has been filed under Section 482 Cr.P.C., is for quashing of the order dated 23.10.2017 (Annexure P-6) passed by Judicial Magistrate 1st Class, Karnal, in criminal case titled as "State Vs. Mukesh and others" arising out of FIR No.736 dated 19.07.2016 registered under Sections 120-B, 406, 420 IPC at Police Station City Karnal, District Karnal.

2. During the course of hearing, learned senior counsel appearing on behalf of the petitioner has however, restricted his prayer only to a limited extent and for seeking expunction of the disparaging remarks recorded by the Judicial Magistrate 1st Class, Karnal, in para No.9 (i) & (ii) which read as under:

    "After hearing the rival contentions and perusing the entire case file alongwith the police file, this court deems it fit to dismiss the present application and order further investigation on the basis of reasons expounded here as under:

    i). It is quite weird that after incarcerating the accused persons for nearly two months and pending inve

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