Nezamal Ashan and Others vs Golam Mahammad and Others

This is a reference by the learned Sessions Judge of Dacca in a proceeding u/s 145, Criminal P. C, which ended in favour of the first party. By his order declaring possession in favour of the first party the learned trial Magistrate directed Golam Mohammad, one of the second party, to pay Rs. 100 as costs to the first party. Thereupon Golam Mohammad came and filed a motion before the learned Judge with the result that the learned Judge has made this reference. He recommends that the order of the Magistrate directing payment of Rs. 100 as costs should be rescinded and that the Magistrate should be directed to consider the question of costs upon notice to both parties.

It appears however that the order complained against was passed simultaneously with the final order and in the presence of the aggrieved party. It was not necessary therefore that fresh notices should have been given. The learned Judge also considers that there is nothing to show on what materials the Magistrate fixed Rs. 100 as the amount of costs. But the explanation submitted by the Magistrate goes to show that the amount was fixed upon a consideration of the number of witnesses examined and the number of hearings. Under Sub-section (3), Section 148, Criminal P. C, the costs may include any expenses incurred in respect of witnesses and of pleaders'' fees, which the Court may consider reasonable. In this case it appears that the learned Magistrate proceeded in accordance with these provisions and no useful purpose will be served by directing another enquiry. We therefore reject the reference.