USMAN GANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CERTAIN defects have been pointed out by the Registry, however, looking to the short issue involved those are waived. This petition for writ is preferred to challenge the order dated 01.7.2010 passed by learned Sessions Judge, Churu whereby the applications preferred under Section 24 C.P.C. to transfer certain cases have been considered and rejected with a cost of Rs.5000/- in each cases. The petitioner is pressing this petition for writ only to the extent of imposing of cost.

(2.) FROM perusal of the order impugned it reveals that several applications were filed by the petitioner for transferring several cases including the cases of criminal nature from District Judgeship, Churu to some other district judgeship. Imposition of cost pertaining applications for transfer of the criminal cases was challenged by the petitioner by way of filing S.B. Criminal Misc. Petition No.1179/2011, that came to be disposed of on 28.3.2012. In the case aforesaid, this Court modified the order to the extent of imposing cost in view of the fact that as per Sub- section (3) of Section 408 Cr. P.C., no compensation beyond a sum of Rs.250/- could have been awarded. In the case aforesaid the cost imposed in criminal cases was treated as compensation under Section 408 Cr. P.C.

(3.) FROM perusal of the order aforesaid it is apparent that the petitioner sought transfers of the cases without having any foundation, therefore, the applications were rightly rejected, however, I am of the view that the cost imposed is quite excessive, as such, the order impugned is modified and the petitioner is saddled with a cost of Rs.100/- for each application. The petition stands disposed of accordingly.