Praleen Chopra v. State & ORS.

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4906/2016 & CRL.M.A. 20329/2016 PRALEEN CHOPRA ..... Petitioner Through:

Mr. Jitender Vohra, Adv.

versus STATE & ORS.

..... Respondents Through:

Mr. Ravi Nayak, APP for State.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.07.2018 By the impugned orders dated 15.12.2016 and 19.12.2016, the court of sessions while dealing with criminal revision (no. 13/2016) of the petitioner imposed costs of Rs. one lakh and Rs. two lakhs respectively, each amount to be deposited with Prime Minister's National Relief Fund, the first on the ground of he seeking adjournment for arguments and the second for non-prosecution of the revision petition.

The revision petition had arisen out of an order passed on the application of the petitioner under Section 156(3) Cr.P.C. which had been declined by the Metropolitan Magistrate. Since the costs were imposed for the amounts to be deposited with Prime Minister's National Relief Fund, the presence of second and third respondents is not required.

In the given facts and circumstances, this Court agrees with the submissions of the petitioner that the costs imposed were unduly high, the orders being harsh. By the first order in these proceedings passed CRL.M.C. 4906/2016

on 28.12.2016, interim stay was granted subject to costs of Rs.50,000/- being deposited with Prime Minister's National Relief Fund.

The petitioner has complied with the said order and has filed an affidavit of compliance in that regard. In the opinion of this Court, the amount thus deposited should suffice as the costs. The balance of the costs imposed by the revisional court are waived. The petition is disposed of with these observations. R.K.GAUBA, J JULY 26, 2018 srb CRL.M.C. 4906/2016