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Bhola Nath Khanra and ors. Vs. Purna Chandra Banerjee and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1921Cal548,67Ind.Cas.730
AppellantBhola Nath Khanra and ors.
RespondentPurna Chandra Banerjee and ors.
Cases ReferredBishen Das v. Rahmat Khan
Excerpt:
criminal procedure code (act v of 1898). 195 - proceeding for sanction taken in civil court--court, whether has power to give costs. - .....but, as stated above, in doing so that court directed the petitioners to pay costs.3. section 195, criminal procedure code, does not provide for awarding costs and we do not find any other provision in the criminal procedure code for awarding costs in such a matter. 4. on the other hand, our attention has been drawn on behalf of the petitioners to two cases--one in weir's criminal rulings vol. 10, 4th edition, 196 [see the case of mahomed dustagir sahib v. mahomed karimuddeen 2 weir 196] in which collins, c. j., is reported to have held that the powers of the civil procedure code as to costs cannot be imported into a criminal proceeding, that the proceeding, though taken in a civil court, relates to a criminal matter and was taken under the criminal procedure code, and that the court had.....
Judgment:

1. The petitioners before us have been directed to pay costs in a proceeding by which the lower Appellate Court revoked the sanction obtained by the petitioners to prosecute certain persons.

2. The petitioners applied for function to prosecute three persons. The Court of first instance disallowed the application in respect of two, and granted sanction in respect of ore of them. On appeal, the sanction was revoked by the lower Appellate Court but, as stated above, in doing so that Court directed the petitioners to pay costs.

3. Section 195, Criminal Procedure Code, does not provide for awarding costs and we do not find any other provision in the Criminal Procedure Code for awarding costs in such a matter.

4. On the other hand, our attention has been drawn on behalf of the petitioners to two cases--one in Weir's Criminal Rulings Vol. 10, 4th Edition, 196 [See the case of Mahomed Dustagir Sahib v. Mahomed Karimuddeen 2 Weir 196] in which Collins, C. J., is reported to have held that the powers of the Civil Procedure Code as to costs cannot be imported into a criminal proceeding, that the proceeding, though taken in a Civil Court, relates to a criminal matter and was taken under the Criminal Procedure Code, and that the Court had no power to give costs under Section 195, Criminal Procedure Code. A similar view appears to have been taken in a case in the Punjab Chief Court. [Bishen Das v. Rahmat Khan 28 Ind. Cas 329 : 5 P.R. 1915 Cr : 60 P.W.R. 1915 Cr : 16 Cr. L.J. 281 ]

5. We agree in the view taken in those cases and accordingly set aside the order as to costs passed by the lower Appellate Court.


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