KEDAR NATH SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AFTER framing of charges, the petitioner was examined as prosecution witness before the trial court on 11. 5. 1998. Subsequently, after completion of the evidence on behalf of the prosecution, when the case was listed before the trial court for final arguments, an application was filed by the Public Prosecutor for recalling the petitioner as witness for re- examination so that the medical report, as given by him, may be exhibited.

(2.) WHILE allowing the application vide order dated 1. 7. 2000, the trial court directed the prosecution to produce the petitioner as witness of its own or, alternatively, the summons may also be issued. However, a cost of Rs. 3000/- was imposed on the prosecution. Out of the above cost of Rs. 3000/-, Rs. 1000/- was further ordered to be recovered from the petitioner on the ground that he did not make the complete statement and also did not brought to the notice of the court the medical report, made by him. The order dated 1. 7. 2000, passed by the trial court, is under challenge in the present petition under Section 482 Cr. P. C. in so far as the cost imposed on the petitioner is concerned.