RAM JAG RAI Vs. LAKSHMI MISSIR

JUDGEMENT

(1.) IN two separate proceedings under Section 145 of the Code of Criminal Procedure orders were passed on 19.11.1958. In one of the proceedings, an application for determination of costs under sub -section (3) of Section 48 of the Code of Criminal Procedure was made on 13.12.1958. The order awarding costs in this proceeding was passed on 11 -11 -1959. The validity of this order is challenged in Criminal Revision No. 611 of 1960.

(2.) IN the other proceeding, a similar application for determination of costs was made on 12.12.1958 and orders awadirng costs were passed on 12.11.1959. This order is the subject matter of dispute in Criminal Revision No. 612 of 1960.

(3.) LEARNED Counsel next contended that the order awarding costs was arbitrary and based on no evidence. It is true that there is no discussion as to how the learned Magistrate arrived at the amount of costs which was ordered, nevertheless it appears that the statement of expenditure was there before the magistrate and on a perusal of that statement, he awarded the costs. In one case, namely, Brij Pal Singh v. Ram Naresh Singh, AIR 1932 All 325 it has been observed that in awarding costs to the successful party in the proceedings under Section 145, there need not be an exact calculation in the ordinary manner. The Court may award a reasonable lump sum. Apart from this, having regard to the smallness of the amount involved, I do not want to interfere with the order of the learned Magistrate.