Pramod Kumar Vs. State of Rajasthan - Court Judgment

Excerpt:
criminal procedure code, 1973 - sections 345 and 482--remarks of magistrate against a.p.p. are wholly unwarranted and not justified--remarks be expunged.;the aforesaid remarks made by the learned magistrate were wholly unnecessary, whole dropping the proceedings. the petitioner did not remain silent. he gave a written reply to the show cause notice and answered the questions put to him in his statement. the remarks that he remained silent and did not express his inablility to produce the required report are wholly unwarranted in view of his statement and the written reply. likewise the petitioner did not conceal any fact from the court and did not cause any hinderance by his conduct in the judicial proceedings or in the administration of justice. the remarks made by the learned magistrate are neither justified on facts, nor are they necessary for the disposal of the matter. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - mohan lal son of roopji meghwal resident of bhinmal filed an application before the judicial magistrate, bhinmal, on 5-10- 1974 that he deals in bicycles and that one babulal had taken his cycle on hire about three months ago and that he came to know that the said cycle bad been deposited with the police at police station, modaran.k.d sharma, j.1. pramod kumar petitioner has invoked the inherent jurisdiction of this court under section 482 of the criminal procedure code, 1973, for quashing toe proceedings under section 345, cr pc initiated by the learned judicial magistrate, bhinmal, and for expunging certain remarks made against him in his order dated 15th october, 1974.2. the short facts giving rise to this application may be stated as follows. mohan lal son of roopji meghwal resident of bhinmal filed an application before the judicial magistrate, bhinmal, on 5-10- 1974 that he deals in bicycles and that one babulal had taken his cycle on hire about three months ago and that he came to know that the said cycle bad been deposited with the police at police station, modaran. he requested the court to hand over the cycle to his custody. upon receipt of this application, the learned magistrate directed the petitioner, who was working as assistant public prosecutor in his court, to obtain a report from the station house officer, police station, modaran, on or before 11-10-1974. on 11-10-1974, the petitioner could not obtain the report so he requested the court to grant him some more time to produce the report. the learned magistrate, therefore, adjourned the case to 15-10-1974. on 15-10-74 the petitioner intimated to the court that he had not received the report from the police station. the learned magistrate, thereupon, issued a notice under section 349, cr pc to the petitioner to show cause on 16-10-1974 why action may not be taken against him. on the same day i.e. on 15-10-74, a fresh order was passed by the learned magistrate that a notice be given to the petitioner under section 345, cr pc and that he must submit his reply by 4 p. m. the very day. in response to this notice, the petitioner submitted his written reply the very day that the petitioner sent two letters to the station house officer, police station modaran, on 8-10-1974 and 12-10-74 but the station house officer did not send his repor along with the case diary and, therefore, he could not comply with the orders of the court as the relevant record was not in his possession or power. the learned magistrate recorded the statement of the petitioner and dropped the proceedings against the petitioner, vide his order dated 15-10-74 while dropping he proceedings, the learned magistrate made certain objectionable remark- against the petitioner, which are reproduced below:.and they are unable to produce is no more but an act to remain silent over it..and the prosecutor docs not produce it even after 10 days or more as happened in the instant case and gives no application, or expresses inability fur not producing, i feel it will amount to nothing but to remain silent. the silence...will amount to an act which affects the administration of justice adversely....the contention of learned a.p.p. that he sent two letters cited in his reply to the notice under section 349, cr.p.c 1973 is merely taking of a defence and concealing of facts and not supplying the same when they were required....if no necessary response comes from their side or response is such which annoys the court it will amount to the causing of hinderance in the judicial proceedings. 3. aggrieved by these remarks the petitioner has come up to this court, notice of this application was given to the state, non-petitioner. i have gone through the record & heard the arguments. in view of the written reply submitted by the petitioner to the show cause notice the aforesaid remarks made by the learned magistrate were wholly unnecessary; while dropping the proceedings. the petitioner did tot remain silent. he gave a written reply to the show-cause notice and answered the questions put to him in his statement. the remarks that he remained silent and did not express his inability to produce the required report are wholly unwarranted in view of his statement and the written reply, likewise the petitioner did not conceal any fact from the court and did not cause any hinderance by his conduct in the judicial proceedings or in the administration of justice. when the report was not sent by the station house officer, the learned magistrate could summon the station house officer to produce all the relevant papers in his court. the remarks made by the learned magistrate are neither justified on facts, nor are they necessary for the disposal of the matter. however, it may be observed that no case is made out for quashing the proceedings initiated by the learned magistrate against the petitioner, because the proceedings have already been dropped by the learned magistrate himself.4. consequently, the application under section 482 cr.p.c. is partly accepted and the referred to above remarks made in the order of the judicial magistrate, bhinmal, dated 15th october, 1974, are hereby expunged. the prayer for quashing the proceedings started against the petitioner by the learned magistrate is rejected.