High CourtsDivision Bench(1920) 12 BOM CK 0004

In Re: Holibasappa Pareppa Sangoli

Bombay High Court · Decided on 1 December 1920 · Citation: AIR 1921 Bom 394 : (1921) 23 BOMLR 357 : 61 Ind. Cas. 63

HON’BLE JUDGES
Shah, J · Norman Macleod, J
CASE NUMBER
Criminal Application No. 373 of 1920

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Judgment

1 paragraphs · 134 words

Norman Macleod, Kt., C.J.—In certain proceedings before Mr. Nesarikar, Sub-Divisional Magistrate, Belgaum, in the case of Imperator v. Gurpadawa certain remarks were made by the Magistrate prejudicial to the petitioner who was not a party to the proceeding nor a witness in the case. The petitioner has asked us to express an opinion with regard to those remarks. We confine ourselves to saying that it is very undesirable that a Judge or a Magistrate should make remarks which are prejudicial to the character of a person who is neither a party nor a witness in the proceeding before him, and who has, therefore, no opportunity of giving an explanation or defending himself against the remarks made by the Court. That is a principle which has more than once been laid down by the Courts.