Tehseen Poonawalla vs State Of Haryana - S.482 CrPC - Costs On Accused After Quashing

Code of Criminal Procedure 1973 - Section 482 - Bombay HC quashed criminal proceeding against the accused but imposed costs on him- Allowing appeal, SC observed: After holding that no offence was made out against the appellant, there was no question of imposing costs upon the appellant and the other petitioner. In fact, the High Court ought to have followed to well settled rule of cost to follow event- The High Court ought not to have exercised non existing jurisdiction by observing that the contribution made by the priest towards poor people was much more than what the appellant and the other co-accused have contributed. While deciding a petition for quashing of an offence, the High Court ought not to have observed that the appellant and the co-accused have played a mischief to gain publicity without having much to their credit. The High court has no reason to go into the issue of the contribution made by the Jain saint. Moreover, the function of the Court is not to do the moral policing.