SEEMANT KUMAR SINGH versus MAHESH PS & ORS.

SEEMANT KUMAR SINGH versus MAHESH PS & ORS.

The High Court’s adverse remarks against Appellant No.2 (a non-accused government officer) and against Appellant No.3 (who had no lis in the bail proceedings) were unreasonable, unjustified and caused prejudice; the High Court exceeded the scope of its jurisdiction in Section 439 Cr.P.C. by directing reports into past investigations concerning Appellant No.2 without giving him an opportunity to be heard; therefore the adverse remarks are expunged and the impugned interim order dated 07.07.2022 is quashed.

Parties
Appellant: State of Karnataka; Appellant: Seemant Kumar (Seemant Kumar Singh); Appellant: J. Manjunath; Respondent: Mahesh PS
Jurisdiction
India
Judgment Date
21 March 2023
Procedural Posture
Criminal Appeal / Appeal Against Interim High Court Order in Bail Proceedings (challenge to Adverse Remarks and Direction Dated 07.07.2022)
Outcome
Appeals allowed; impugned interim order dated 07.07.2022 quashed; adverse remarks expunged
Legal Topics
Bail, Expunction of Judicial Remarks, Right to Be Heard, Scope of Court's Powers in Bail Proceedings, Directions to Investigate Past Records
Criminal Procedure Judicial Conduct Judicial Review Bail Expunction of Judicial Remarks Right to Be Heard Scope of Court's Powers in Bail Proceedings Directions to Investigate Past Records

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Parties

State of Karnataka

Appellant

Seemant Kumar (Seemant Kumar Singh)

Appellant

J. Manjunath

Appellant

Mahesh PS

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Interim High Court Order in Bail Proceedings (challenge to Adverse Remarks and Direction Dated 07.07.2022)

Legal Issues

  1. 1 Whether adverse remarks made by the High Court during bail proceedings of Respondent No.1 are liable to be expunged
  2. 2 Whether the direction issued by the High Court to seek reports against Appellant No.2 during the bail proceedings of Respondent No.1 is liable to be set aside

Ratio Decidendi

The High Court’s adverse remarks against Appellant No.2 (a non-accused government officer) and against Appellant No.3 (who had no lis in the bail proceedings) were unreasonable, unjustified and caused prejudice; the High Court exceeded the scope of its jurisdiction in Section 439 Cr.P.C. by directing reports into past investigations concerning Appellant No.2 without giving him an opportunity to be heard; therefore the adverse remarks are expunged and the impugned interim order dated 07.07.2022 is quashed.

Court Disposition

Appeals allowed; impugned interim order dated 07.07.2022 quashed; adverse remarks expunged

Orders

  • Impugned interim order dated 07.07.2022 quashed
  • Adverse remarks passed by the High Court against the appellants expunged