2010 (5) TMI 817

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..... ion 482 of the Code of Criminal Procedure, 1973 seeking setting aside of order dated 06.05.2010 to the extent of imposition of cost of ₹ 10,000/- on the petitioner in favour of each of the two accused persons by the trial court as a condition for allowing its application under Section 311 Cr.P.C. to examine the competent authority who had granted sanction for prosecution of respondents/accus .....

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..... e through the impugned order and have given my thoughtful consideration to the submissions made by counsel for the parties in the matter. From a perusal of the impugned order, it transpires that the cost has been imposed on the petitioner as a condition precedent for allowing its application under Section 311 Cr.P.C. for delay of 19 years in the trial. However, the proceedings placed on record .....

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..... e been directed to be deposited with Delhi Legal Services Authority or Advocates' Welfare Fund. In the present case, once the trial court has decided to grant permission under Section 311 Cr.P.C. to the petitioner to examine the competent authority for proving the sanction for prosecution of the respondents, then the cost ought not to have been imposed on the petitioner Department which is .....

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