High CourtsSingle Bench(2013) 05 RAJ CK 0189

Mistri Swaranjeet Singh vs State of Rajasthan and Another

Rajasthan High Court · Decided on 10 May 2013 · Citation: (2013) 3 WLN 215

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
RESULT
Disposed Off
CASE NUMBER
Criminal Miscellaneous Petition No. 901 of 2013

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Judgment

4 paragraphs · 217 words

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed under Sec. 482 Cr.P.C. praying that imposition of cost of Rs. 20,000/- to give effect to the compromise arrived at between the parties vide order dt. 07.05.2012 be waived in view of peculiar facts and circumstances of the case. To fortify the above submission, counsel for the petitioner has relied upon an order passed by a coordinate Bench of this Court in S.B. Criminal Misc. Petition No. 2224/2012 decided on 11.09.2012 (Subhash vs. State of Rajasthan & Anr.)

2.

A perusal of the order rendered in Subhash''s case (supra) will reveal that it was held by this Court that guidelines laid in Damodar S. Prabhu Vs. Sayed Babalal H., are not mandatory.

3.

While disposing of Subhash''s case (supra), this Court had dispensed of service of notice upon the complainant, as the cost was only to be paid to State Legal Service Authority.

4.

After hearing the counsel for the petitioner and counsel for the State, in view of the reasons given in Subhash''s case (supra) order relied by counsel for the petitioner, the cost of Rs. 20,000/- imposed by the Additional Sessions Judge no. 2 Sri Ganganagar is reduced from Rs. 20,000/- to Rs. 3,000/-. In view of above the misc. petition and stay petition stand disposed.