In the High Court of Uttaranchal, at Nainaital. Criminal Misc. Application No. 234 of 2004 Diwakar Chamoli S/o Late Guna Nand Chamoli, R/o D-51, Adarsh Nagar, Police Station, Kotwali Jwalapur, District Haridwar ... Applicant Vs. 1- State of Uttaranchal 2- Naseer Ahmad S/o Akbar Ali 3- Irfan S/o Yusuf 4- Irshad S/o Akbar Ali 5- Farman S/o Johan Mohammad 6- Amzad S/o Wahid Hassan, 7- Rustom S/o Raham Elahi 8- Muslim S/o Akbar Ali All R/o Village Sarai, P.S. Jwalapur, District Haridwar … Respondents. Sri Vivek Shukla, learned counsel for the applicant. Sri D.K. Sharma, learned G.A. for the State. Dated: 22-09-2005 (Per: Hon'ble Irshad Hussain, J.) Heard Sri Vivek Shukla, learned counsel for the applicant and Sri D.K. Sharma, learned G.A. for the State and perused the record. 2- This is a petition for expunging remarks made against the application in criminal revision No.934/2001, in regard to his conduct as D.G.C.(Crl.), Haridwar, while conducting the prosecution case in sessions trials Nos. 38, 166, 167, 168, 169 and 170 of 2000, before the Sessions Judge, Haridwar. 3- Learned counsel for the applicant drew attention to the fact that although all the witnesses of the fact were not examined in the sessions trials, which were disposed of by the judgment dated 17.8.2001, the learned Sessions Judge himself appear to have not felt it necessary that all the prosecution witnesses were required to be examined in evidence. Learned counsel also drew attention to Section 134 of the Evidence Act which mandate that the quality and not the quantity of the evidence matters and even if all the witnesses of the fact were not examined in the sessions trials then D.G.C. (Criminal) Sri Diwakar Chamoli alone was not responsible for any remissness or indiscretion. Learned counsel rightly stated that the learned Sessions Judge should have also taken note of the fact as to whether the examination of all the prosecution witnesses was necessary or not and he should not have merely gone by the view or the discretion if any of the then D.G.C. (Criminal) who was entrusted with the prosecution of those sessions trials. Having considered this aspect of the matter in legal as well as on the factual front, it appear that the then D.G.C.(Criminal) Haridwar, Sri Diwakar Chamoli has acted bonafidely is not insisting upon production of all the witnesses of the fact because on the same facts other witnesses of the prosecution were examined in the trials. At the time of the disposal of the criminal revision the D.G.C. (Criminal) Sri Diwakar Chamoli has had no opportunity to put forward his explanation so that he could have justified as to why all the prosecution witnesses were not examined in those sessions trials. This may be reason that the adverse remarks came to be made against his conduct while disposing of the criminal revision No. 934/2001. 4- In the aforesaid premise, I am convinced that the adverse remarks "without dilating further on the manner in which the trial was concluded, there can be no gain saying that the learned Sessions Judge has failed to properly exercise his jurisdiction in the trial of the case and further that the learned D.G.C.(Criminal), Haridwar has also failed to perform his duty in proper and fair trial of the respondent-accused and this has resulted in gross legal infirmity both in the procedure as well as in the conduct of the trial" and further the adverse remarks "the conduct of D.G.C. (Criminal ) Sri Diwakar Chamoli has not been upto the mark in the matter of prosecution of the trial. A copy of the judgment be sent to the Government through the Secretary-cum-LR Government of Uttaranchal, Dehradun for necessary action" were made without considering the above aspects of the matter. Moreover, these remarks were not necessarily the part of the verdict to be given in the disposal of the criminal revision. Therefore, these remarks need to be expunged from the judgment dated 19-9-2002 in criminal revision No. 934/2001 Irfan and others versus State of Uttaranchal and others. I order accordingly. (Irshad Hussain, J.) ISB