Court : Allahabad
Decided on : Feb-17-1922
Reported in : (1922)ILR44All401
Gokul Prasad and Stuart, JJ.1. We have before us Criminal Reference No. 747 of 1921 from the Sessions Judge of Benares, and Criminal Revisions Nos. 16 and 17 of 1922. The same point arises in all: 'Has the High Court authority to expunge from the judgments of lower courts remarks reflecting unfavourably upon the credibility or the character of witnesses in cases in which the effective orders of the courts are not before the High Court either in appeal or on revision?' In the reference, the station-master of Benares Cantonment took exception to remarks reflecting upon himself made by a Magistrate at Benares in a judgment in a criminal case. In that case the accused persons were acquitted. The station-master appeared as a witness for the defence The Magistrate, while finding that the evidence did not justify a conviction, disbelieved the station-master in certain particulars. We have it that the learned Sessions Judge believed the station-master to be telling the truth--a circumstance wh...
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