( 1 ) cria318.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 318 OF 2011 IN CRIMINAL APPLICATION NO. 3495 OF 2010 Sampatraj Pukhraj Devda .. Applicant Versus The State of maharashtra & Anr. .. Respondents Mr. R.R. Mantri, Advocate for the applicant. Mr. D.R. Kale, A.P.P. for respondent/State. CORAM : R.Y. GANOO, J. DATED : 15.12.2011 P.C. :- 1. By this application, the applicant wants that remarks made against him in order dated 15th September, 2010, in Criminal Application No. 3495 of 2010, should be quashed and action ordered against the applicant be stopped. Perusal of order dated 15th September, 2010, goes to indicate that remarks were made against present ( 2 ) cria318.11 applicant primarily on the strength of statement which is said to have been rendered by him with the police. 2. Learned Advocate Mr. Mantri had relied upon judgments of the Supreme Court in the cases of Manish Dixit & ors. V/s. State of Rajasthan, Devender K. Sharma Vs. State of Rajasthan and State of Rajasthan Vs. Sharad Dhakar @ Bantu & Anr., AIR 2001 S.C.93, State of W.B. & Ors. Vs. Baby Chakraborty, AIR 2004 S.C.4324, State of Maharashtra Vs. Public Concern for Governance Trust & Ors., AIR 2007 S.C. 777(1) and Kishan Singh & Anr. Vs. State of Punjab, AIR 2008 S.C.233, to contend that before passing the order against applicant he was not heard or that he was not provided with any opportunity. According to learned Advocate Mr. Mantri, the judgments which he has cited clearly indicate that if some observations are to be made against a person, he should be heard. This submission is required to be accepted. ( 3 ) cria318.11 3. On the basis of reading of said order, it appears that the order dated 15th September, 2010 was passed after reading statement of present applicant. The action is sought to be initiated against present applicant on the basis of direction given to the Law & Judiciary Department and Home Department of Government of Maharashtra. In my view, it would be proper to set aside the portion of the order by which strictures are passed against present applicant. Accordingly the strictures against the applicant are set aside. 4. Now that the Law & Judiciary Department and Home Department of Government of Maharashtra are informed about the statement of Mr. Sampatraj Devda, if they are of the view that some action is to be taken against Mr. Sampatraj Devda on the basis of statement alleged to have been made by Mr. Sampatraj Devda before Police, it will be open for the concerned department to take action against him independent of order dated 15th September, ( 4 ) cria318.11 2010. In view of this, the Criminal Application is disposed of. 5. Criminal Application is disposed of in above terms. [R.Y. GANOO, J.] snk/2011/DEC11/cria318.11