Disparaging remarks should not be made against subordinate judge for their bona fide errors

Adverse remarks against other Judges - Passing of caustic remarks by superior courts on inferior courts - Impropriety -
Held, superior courts should not pass caustic remarks on subordinate courts unless facts disclose designed effort to
frustrate cause of justice with mala fide intention - Bona fide errors should not invite disparaging remarks - Judges do
commit errors which are to be corrected by superior courts - Superior courts can convey their anxiety to subordinate
courts through their orders which should be authoritative but not uncharitable - Use of derogatory language should be
avoided which invariably has demoralising effect on subordinate judiciary, 
Sujoy Kumar Chanda v. Damayanti Majhi, (2014) 5 SCC 181


Ss. 204 and 319 - Issue of process - Recall of order refusing to issue process by subsequent order - Impermissibility -
Process issued against some persons named in complaint and not others - Proper course to be followed by Magistrate -
Police case also pending in respect of same incident - Clubbing of two cases if proper - Held, Magistrate (SDJM) having
once refused to issue process against appellants, could not have recalled that order by a subsequent order - Magistrate
misinterpreted order dt. 23-7-2001 passed by High Court whereunder only order of Magistrate clubbing complaint case
with police case was set aside - No direction to proceed against appellants was issued thereunder - Magistrate was to
commit case to Sessions Court, and Sessions Court in its discretion could have summoned appellants, if found
necessary under S. 319 - Matter remitted to Magistrate (ACJM) for committal of case to Sessions Judge,
Judiciary
Adverse remarks against other Judges - Passing of caustic remarks by superior courts on inferior courts - Impropriety -
Held, superior courts should not pass caustic remarks on subordinate courts unless facts disclose designed effort to
frustrate cause of justice with mala fide intention - Bona fide errors should not invite disparaging remarks - Judges do
commit errors which are to be corrected by superior courts - Superior courts can convey their anxiety to subordinate
courts through their orders which should be authoritative but not uncharitable - Use of derogatory language should be
avoided which invariably has demoralising effect on subordinate judiciary, 

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