SMT. MONA PANWAR versus THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRAR AND OTHERS

SMT. MONA PANWAR versus THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRAR AND OTHERS

The disparaging remarks made by the Single Judge of the High Court were not justified, as the appellant had exercised judicial discretion in consonance with the Code of Criminal Procedure; higher courts should exercise restraint and not unjustifiably criticize lower judiciary.

Parties
Appellant: Smt. Mona Panwar; Respondents: The Hon'ble High Court of Judicature at Allahabad through its Registrar and others
Jurisdiction
India
Judgment Date
02 February 2011
Procedural Posture
Criminal Appeal / Appeal From Order of Single Judge of High Court of Judicature at Allahabad in Criminal Miscellaneous Application No. 21606 of 2009
Outcome
Appeal allowed to the extent of expunging disparaging remarks.
Legal Topics
Expunction of Remarks, Powers Under S.156(3) Cr.p.c., Judicial Restraint, Criminal Investigation Initiation
Criminal Procedure Judicial Conduct Expunction of Remarks Powers Under S.156(3) Cr.p.c. Judicial Restraint Criminal Investigation Initiation

Case Brief

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Parties

Smt. Mona Panwar

Appellant

The Hon'ble High Court of Judicature at Allahabad through its Registrar and others

Respondents

Procedural Posture

Criminal Appeal / Appeal From Order of Single Judge of High Court of Judicature at Allahabad in Criminal Miscellaneous Application No. 21606 of 2009

Legal Issues

  1. 1 Whether disparaging remarks made by the Single Judge of the High Court against the appellant-judicial officer were justified and liable to be expunged
  2. 2 Whether the appellant judicial officer properly exercised judicial discretion in handling an application under s.156(3) Cr.P.C.

Ratio Decidendi

The disparaging remarks made by the Single Judge of the High Court were not justified, as the appellant had exercised judicial discretion in consonance with the Code of Criminal Procedure; higher courts should exercise restraint and not unjustifiably criticize lower judiciary.

Court Disposition

Appeal allowed to the extent of expunging disparaging remarks.

Orders

  • Disparaging remarks made by the learned Single Judge of the Allahabad High Court in Criminal Misc. Application No. 21606 of 2009 are set aside and quashed.
  • Other directions of the High Court are not interfered with.