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Queen-empress Vs. Tomijuddi and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1897)ILR24Cal757
AppellantQueen-empress
RespondentTomijuddi and ors.
Excerpt:
criminal procedure code (act x of 1882), section 148 - order for and assessment of costs--delay--notice to parties. - .....magistrate should not have passed his ex parte orders for costs under section 148 of the criminal procedure code, when his original orders under section 145 contained no directions at all as to costs, and no application for costs was made to him until after the expiration of over 3 months from the date of such orders. proceedings under these sections of the procedure code are quasi-civil in their nature. the intention of section 148 would seem to he that an order for, and the assessment of, costs should be made at the time in the presence of the parties. this being so, such costs should not be ordered and assessed by the magistrate after a long interval and without allowing all the parties affected an opportunity to appear and show cause.we set aside the orders of the magistrate in both.....
Judgment:

Ghose and Wilkins, JJ.

1. We think that in these two cases the Magistrate should not have passed his ex parte orders for costs under Section 148 of the Criminal Procedure Code, when his original orders under Section 145 contained no directions at all as to costs, and no application for costs was made to him until after the expiration of over 3 months from the date of such orders. Proceedings under these sections of the Procedure Code are quasi-civil in their nature. The intention of Section 148 would seem to he that an order for, and the assessment of, costs should be made at the time in the presence of the parties. This being so, such costs should not be ordered and assessed by the Magistrate after a long interval and without allowing all the parties affected an opportunity to appear and show cause.

We set aside the orders of the Magistrate in both cases dated 20th January 1897.


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