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
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.
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