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march 1963

Supreme Court of India · 1963-03-14

DR. RAGHUBIR SHARAN vs THE STATE OF BIHAR

Citation / case number
SC 1961/226
Court
Supreme Court of India
Petitioner
DR. RAGHUBIR SHARAN
Respondent
THE STATE OF BIHAR
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 561A of the Code of Criminal Procedure, the High Court possesses inherent power to expunge irrelevant remarks from a judgment to secure the ends of justice. However, this power is extraordinary and should only be exercised in cases of flagrant abuse by a subordinate court. In this case, the remarks made by the Magistrate were not deemed harmful enough to warrant expunction, leading to the dismissal of the appeal. The court emphasized that a criminal court's judgment is final and can only be modified as prescribed by law.

DR. RAGHUBIR SHARAN vs THE STATE OF BIHAR · Niyam