MISTRI SWARANJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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 Baba Lal reported in : 2010 Cr.L.R.(SC) 493 are not mandatory.

(3.) 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.