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Judgment
U.V. Bakre, J.—Heard Petitioner in person and Ms. M. Pinto, learned Additional Public Prosecutor for the respondent. Rule. Ms. M. Pinto, learned Additional Public Prosecutor waives notice on behalf of the respondent. By consent heard forthwith.
By this revision application, the petitioner has taken exception to the order dated 30.9.2014 passed by the learned Judicial Magistrate, First Class, Mapusa (J.M.F.C., for short) in Criminal Case No. 74/P/2009/D/F whereby the petitioner has been directed to pay bhatta charges for issuing summons to Dr. Dilip Kerkar as directed on 12.08.2014.
Upon hearing the petitioner in person and learned Additional Public Prosecutor, it is seen that the petitioner had filed application dated 25.06.2014 for issuing summons to Dr. Dilip Kerkar and on the same day had deposited an amount of Rs. 500/- before the learned J.M.F.C., as bhatta charges. The petitioner has produced a copy of the receipt dated 25.6.2014, before this Court. The petitioner submits that this amount deposited by the petitioner is still lying with the Court and, therefore, the question of further deposit of bhatta charges does not arise. The learned Additional Public Prosecutor has not disputed the fact that the amount has been deposited and it is still lying before the Court.
In the circumstances above, order dated 30.9.2014 is arbitrary and deserves to be set aside.
In the result, revision application is allowed. The impugned Order dated 30.9.2014 is set aside to the extent of direction to pay bhatta charges. Summons shall be issued to Dr. Dilip Kerkar as prayed for. Rule is made absolute. Revision Application stands disposed of accordingly.