TMI Blog1991 (4) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... through any counsel. Hence, we heard the learned Counsel for the appellants at length, perused the documents carefully as well as the impugned observations made by the learned Judges and the affidavit filed by the appellant No. 2, namely, K. P. Raghuvanshi, who was then the Deputy Commissioner of Police, Zone 3, Kalyan, District Thane, Maharashtra State. The prayer in this appeal is for expunctio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on No. 2242/89 in Criminal W.P. No. 831 of 1987 for deleting the remarks made against the 2nd appellant. But the High Court dismissed the application observing. It is not necessary to delete the observations. Hence this appeal. Before us, the second appellant has filed an affidavit the relevant portions of which are extracted hereunder: I respectfully say and submit that on an erroneous assumpt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the same are not repeated. I respectfully say and submit that I wish to tender my sincere and unconditional apology to the Hon'ble High Court for the purported lapses on my part which are purely inadvertent and unintentional as stated above and as such I will ensure that such mistakes do not recur. 4. The reading of the entire affidavit shows that the second appellant has repented fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t had repeatedly come across cases wherein the second appellant had passed orders of externment which could not stand scrutiny. In view of the above circumstances, presumably the learned Judges were constrained to inform the State Government to withdraw the power to pass orders under the Bombay Police Act and made it as an integral part of the order in the writ petition. The above observation in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged. Accordingly we allow the appeal and direct that the abovesaid observations directing the State Government that power to pass orders under the Bombay Police Act should be withdrawn and that the order should be communicated to the second appellant wherever he is posted do stand expunged from the order of the learned Judges dated 15-7-1988. 5. The appeal is allowed - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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