TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner feeling aggrieved with the discharge of the accused by the trial court had filed a revision petition. The revisional court dismissed the revision petition on 9.4.2010 with cost of Rs.2200/-. Learned counsel for the petitioner has not been able to persuade this court to interfere in the impugned order passed by the revisional court on merits but at the same time, it has been argued that the imposition of cost of Rs.2200/- is unreasonable as it was the statutory right of the petitioner to file a revision petition u/s 397/399 Cr.P.C. feeling that the order passed by the trial court is illegal and improper. The revisional court has assessed the cost of Rs.2200/- without recording any reason.

(2.) I have heard learned counsel for the petitioner and I am of the opinion that the order of imposition of cost of Rs.2200/- upon the petitioner is unreasonable. The Apex Court in State of U.P. and Anr vs. Nitin Agnihotri and Anr, 2008 3 RCR(Cri) 939, had considered the para maters for imposition of cost holding that unless any lapse on the part of any authority is found and an opportunity is granted to the alleged erring official, cost should not be imposed. Besides that, it was held that the court should not impose any cost without recording any finding as to why imposition of cost was considered necessary. The revisonal court has imposed the cost without mentioning any reason. The order of revisional court so far as imposition of cost of Rs.2200/- is concerned, is set aside.

(3.) Disposed of.