Tarun Kumar v. State & ANR.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 733/2019 TARUN KUMAR ..... Petitioner Through:

Mr. Ashish Upadhaya, Advocate

Versus

STATE & ANR.

..... Respondent Through:

Mr.

Izhar Ahmad, Additional Public Prosecutor for State

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 08.02.2019 Crl.M.A. 3020/2019 (Exemptions) Allowed, subject to all just exceptions.

CRL.M.C. 733/2019 & Crl.M.A. 3021/2019 (Stay) Impugned order of 29th January, 2019 stays the issuance of nonbailable warrants against petitioner while imposing cost of ₹60,000/- in aggregate and out of which 50% was to be paid to the complainant and the remaining amount was to be deposited with Delhi Legal Services Authority (East).

Learned counsel for petitioner submits that petitioner is in financial stringency and is unable to pay the cost, and so the cost imposed upon him may kindly be waived.

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When the impugned order was passed, there was no representation on behalf of respondent No. 2 and so, the issuance of notice of this petition to respondent No. 2 is dispensed with. Upon hearing, I find no ground to waive the cost imposed. However, keeping in view the financial stringency of petitioner, the cost imposed is reduced from ₹60,000/- in aggregate to ₹20,000/- in all in relation to the nine complaint cases. Out of the costs of ₹20,000/-, costs of ₹10,000/- shall be payable to the complainant and remaining amount of ₹10,000/- to the DLSA (East).

Impugned order is modified in the aforesaid terms. This petition and application are accordingly disposed of. Dasti.

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