Judgment:
Parihar, J.
1. After framing of charges, the petitioner was examined as prosecution witness before the trial court on 11.5.1998. Subsequently, after completion of the evidence on behalf of the prosecution, when the case was listed before the trial court for final arguments, an application was filed by the Public Prosecutor for recalling the petitioner as witness for re-examination so that the medical report, as given by him, may be exhibited.
2. While allowing the application vide order dated 1.7.2000, the trial court directed the prosecution to produce the petitioner as witness of its own or, alternatively, the summons may also be issued. However, a cost of Rs. 3000/- was imposed on the prosecution. Out of the above cost of Rs. 3000/-, Rs. 1000/- was further ordered to be recovered from the petitioner on the ground that he did not make the complete statement and also did not brought to the notice of the court the medical report, made by him. The order dated 1.7.2000, passed by the trial court, is under challenge in the present petition under Section 482 Cr.P.C. in so far as the cost imposed on the petitioner is concerned.
3. After hearing learned counsel for the parties. I have carefully gone through the order impugned in the present petition.
4. It is rather surprising and unfortunate that the trial court has ordered for recovering Rs. 1000/- from the petitioner. It is for the Public Prosecutor before the trial court to examine the witnesses and also exhibit the relevant documents, on which the prosecution wants to rely during the trial. A witness is not supposed to point out the documents which may be available on record. In the present case, the whole negligence seems to be on the part of the Public Prosecutor before the trial court and the petitioner neither can be blamed nor can be punished by imposing such a heavy cost. The trial court was wholly unjustified in imposing the cost on the petitioner in the present case.
5. Accordingly, the present petition is allowed. The order dated 1.7.2000, passed by the trial court, is modified to the extent that the complete cost of Rs. 3000/- is to be recovered from the State and the petitioner is not liable to pay any cost, as imposed by the trial court on him.