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2013 Supreme(Raj) 1261

RAJASTHAN HIGH COURT
Kanwaljit Singh Ahluwalia, J.
Mistri Swaranjeet Singh - Appellant
Versus
State of Rajasthan and Anr. - Respondent
S.B.Criminal Misc.Petition No. 901 of 2013.
Decided On : 10-05-2013

Advocates:
For the Petitioner:Shardul Bishnoi, Advocate.
For the State: A.R. Nikub, P.P.

The court has the discretion to reduce the imposed cost based on the guidelines from relevant precedents.

Headnote:

Waiver of Imposed Cost - Section 482 Cr.P.C. - The court reduced the imposed cost from Rs. 20,000 to Rs. 3,000 based on the guidelines laid in Damodar S. Prabhu v. Sayed Baba Lal and the precedent set in Subhash v. State of Rajasthan & Anr.

Fact of the Case:

The petitioner filed a petition under Section 482 Cr.P.C. seeking waiver of the imposed cost of Rs. 20,000 due to a compromise between the parties.

Finding of the Court:

The court, based on the precedent in Subhash's case, reduced the imposed cost from Rs. 20,000 to Rs. 3,000, citing the guidelines from Damodar S. Prabhu v. Sayed Baba Lal.

Issues: Imposition of cost, waiver of cost, applicability of guidelines from Damodar S. Prabhu v. Sayed Baba Lal.

Ratio Decidendi: The court held that the guidelines from Damodar S. Prabhu v. Sayed Baba Lal are not mandatory and reduced the imposed cost based on the precedent set in Subhash's case.

Final Decision: The petition and stay petition were disposed of, and the imposed cost was reduced from Rs. 20,000 to Rs. 3,000.

JUDGMENT

1. - The present petition has been filed under Section 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 dated 07.05.2012 be waived in view of peculiar facts and circumstances of the case.

2. 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 v. State of Rajasthan & Anr.)

3. 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 v. Sayed Baba Lal reported in 2010 Cr.L.R.(SC) 493 are not mandatory.

4. While disposing of Subhash's case(supra), this Court had dispensed of service of notice upon the complainant, as the cost was only to be paid to State Legal Service Authority.

5. 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/-.

6. In view of above the misc.petition and stay petition stand disposed of.Petition disposed of.

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