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TMI Blog2001 (2) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... n 482, Cr.P.C. has been filed on behalf of the petitioner, who is practising Advocate of Ashoknagar (Guna), for expunging the remarks given against him by the Trial Court, while rejecting his application for adjournment, vide impugned order dated 29-5-2000. The impugned order dated 29-5-2000 was passed by the Trial Court in a Criminal Misc. Case No. 64/95 (State of M.P. Vs. Sukka and others), in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accused-persons for adjourning the case. Shri Saxena stated that it was within the discretion of the Court to allow adjournment or refuse-The Court however proceeded further and has passed the remarks, quoted above, which relate to the conduct of the applicant alleged to be misconduct and further that copy of the order has been forwarded to the Bar Council for taking action against professional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dom and independence of Judges and Magistrates must be maintained and they must be allowed to perform their functions freely and fearlessly and without undue interference by anybody, even by this Court. At the same time, it is equally necessary that in expressing their opinions Judges and Magistrates must be guided by considerations of justice, fair play and restraint." The Apex Court in the afor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be vindictive. The personal feelings should not be allowed to override the impersonal functions of a Judge. While making remarks, it has always to be kept in mind that uncalled for strictures in a Judgment can well might tear a person's reputation into shreds and cause him irreparable harm. The Apex Court further had an occasion to consider the question of castigating remarks in the cases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent case is concerned, it is apparent that the petitioner-Advocate was not given show-cause notice and he had not got any opportunity of being heard. The case involved a short question whether the adjournment was to be granted or not and under the facts and circumstances, in the opinion of this Court, the remarks are unjustified, uncalled for and are liable to be expunged. Having thus examined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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