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.