- (1.) This criminal revision case is directed against the order of the Spl. Mobile Magistrate, Kakinada,dated 12-2-2001 under which he dismissed Crl.M.P.No.323/2001 in C.C.No. 229/2000 filed by the petitioner -accused for discharging him in the light of the judgment of the Supreme Court in the case of Raj D.Sarma Vs. State of Behar,1998 (2)ALT 327(SC) on the ground of prolonged pendency of the trial of the case against him.
(2.) It would appear that the learned Magistrate having been satisfied that the facts and circumstances of the case do not invite application of the above decision of the Supreme Court, dismissed the application and while dismissing it, he imposed costs of Rs. 2000/- on the petitioner-accused. It is this part of the order awarding costs and directing to undergo 3 months imprisonment in default of payment of costs that this revision petition is directed against.
(3.) The learned Counsel for the Petitioner submits that the petitioner-accused was entitled to bring to the notice of the Court and advance a plea that he is entitled to be discharged or acquitted in the light of the decision of the Supreme Court in Raj Deo Sarma's case and if for any reason the Court is not satisfied with the application of the decision to the facts of the ,case the petition could at best have been dismissed. It is submitted that burdening the petitioner with costs is something which is not contemplated under Criminal Procedure Code and at any rate he is not justified on the facts and circumstances of the case.;