High Court of DelhiCRL.M.C./2937/2017

Anil Kumar Gupta v. State Of Govt Of NCT Of Delhi

2017-07-31Hon'Ble Mr. Justice A.K. Pathak2 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2937/2017 & Crl. M.A. nos. 12202-04/2017 ANIL KUMAR GUPTA ..... Petitioner Through : Petitioner in person versus STATE OF GOVT OF NCT OF DELHI ..... Respondent Through :Ms. Meenakshi Chauhan, APP with SI Shyam Lal Dagar, P.S. Pul Prahlad Pur

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.07.2017 Petitioner is an Advocate. He is aggrieved by the order of the learned Chief Metropolitan Magistrate only to the extent it directs him to pay costs of `50,000/- for wasting the precious time of the court. Petitioner was representing in a case arising out of the FIR no. 85/2015 under Sections 341/323/34 IPC registered at Police Station Pul Prahlad Pur titled State vs. Raju and Anr. before the trial court. While disposing of the application of accused for discharge, trial court has imposed costs of `50,000/- on the petitioner, for wasting the precious judicial time of the court. Grievance of the petitioner is that trial court ought not have imposed cost on him. It is

submitted that he was simply representing his client and raising contentions, in accordance with law. He further submits that he was merely persistent before the trial court while representing the accused. Trial court has noted in the order that petitioner was arguing in an impolite and outrageous manner while addressing the court with the expression "Aare Bhai", inasmuch as, also raised his finger towards the Presiding Officer. Petitioner was warned to be careful but he did not bring down his aggression.

Petitioner submits that he has 37 years of experience at Bar. He tenders an unconditional apology for his acts. He prays that cost imposed upon him be waived.

Keeping in mind the unconditional apology tendered by the petitioner, the impugned order dated 12th April, 2017 is set aside only to the extent of imposition of costs of `50,000/- on the petitioner. Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

JULY 31, 2017/rb