2011 (2) TMI 67

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..... M in this case asking prosecution to reimburse the cost for attending proceedings to the accused was unlawful - The learned ACMM could not have resorted to Section 67 of IPC for recovery of cost - The petition is allowed. - 1146 OF 2010 - - - Dated:- 7-2-2011 - SHIV NARAYAN DHINGRA, JJ. For Applicent : Mr. Mukesh Anand, Advocate For Respondents Through: Mr. Sanjeev Bhandari, Mr. San .....

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..... the fine shall not exceed fifty rupees, and for any terms not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case. A bare perusal of this Section would show that the Section can be invoked only where an offence committed by an accused is punishable only with fine. In case of non-payment of fine on conviction the Co .....

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..... s to grant cost to the witnesses for attending the court for deposition. 5. I, therefore, consider that power exercised by the learned ACMM in this case asking prosecution to reimburse the cost for attending proceedings to the accused was unlawful. The learned ACMM thus exceeded his power in directing the prosecution to reimburse the cost to the accused for attending the court proceedings when .....

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