A.K. YOG, VIKRAM NATH, JJ.

1. Sri Subodh Kumar Bhatt, District and Sessions Judge Bagpat, has filed this application under Chapter XXII, Rule 1, Rules of Court read with Article 226, Constitution of India for expunging adverse remarks passed against him in the judgment and order dated 5.11.2004 passed by learned single Judge while finally allowing Crl. Misc. Writ Petition No. 7218 of 2004.

2. The facts giving rise to the afore-mentioned application are that the Chief Judicial Magistrate, Ghazipur passed an order dated 5.4.2004 in Case Crime No. 103 of 2004, under Sections 323/506, I.P.C. P.S. Kotwali, District Ghazipur, taking cognizance upon the police report. Accordingly the Chief Judicial Magistrate directed for registration of the case and for issuing summons requiring the accused persons to appear on 21.5.2004 in Court. On 21.5.2004 the accused were not present. The Chief Judicial Magistrate again directed for issuing summons to the accused fixing 21.6.2004. Again on 21.06.2004, the accused were not present and the Chief Judicial Magistrate directed for issuing summons to the accused fixing 31.7.2004. On 31.7.2004 again accused were not present and the Chief Judicial M