D. B. Saxena vs State of U. P. - 1981 Supreme(All) 954

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1981 Supreme(All) 954

M. WAHAJUDDIN
D. B. Saxena – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
Satish Trivedi, for the Appellant; A.G.A. and M.D. Singh, for the Respondent

JUDGMENT

M. Wahajuddin, J. - These are two connected Misc. Applications Nos. 7899 of 1980 and 8010 of 1980 perferred u/s 482 Code of Criminal Procedure. In both the applications preferred by Sri D.B. Saxena, Food Inspector, a prayer has been made that the adverse observations made by Sri S.S. Nimesh, Judicial Magistrate, 1st Class, District Meerut, in his judgment dated 14-7-1980 annexed in the applications may be quashed.

2. The observations which are sought to be expunged have been quoted in paragraph 18 of the Misc. Application No. 8010 of 1980 and paragraph 15 of Misc. Application No. 7899 of 1980. The Magistrate made an acquittal in this case as the only witness examined was PW 1 Sri D.B. Saxena applicant and he too did not appear for his cross-examination on the date fixed when the evidence was ultimately closed.

3. It is submitted that before his transfer Sri Saxena after his statement in examination-in-chief did appear in the court of Judicial Magistrate and preferred applications for summoning other witnesses. It is submitted that thereafter as he himself stood transferred he could not appear on his own unless summoned from Roorkee District Saharanpur through the Chief Medica

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