HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7171 of 2009 Dated : 17.09.2009 Between : Babupatel ….. Petitioner a n d 1) Rizwana Begum 2) The State of A.P. ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7171 of 2009 ORDER: Heard Sri Md.Saleem, learned counsel for the petitioner, Sri B.Sashibushan Rao, learned counsel for the first respondent, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the second respondent. The petitioner filed Crl.M.P.No.861 of 2009 in M.C.No.108 of 2008 on the file of the Additional Metropolitan Sessions Judge for trial of Jubilee Hills Bomb Blast Cases-cum-Additional Family Court, Nampally, Hyderabad, to set aside the ex parte order dated 20.04.2009 and allow him to participate in the further proceedings. The trial Court ordered payment of costs of Rs.6,000/- to enable cross examination of P.W.1 and aggrieved by the same the petitioner approached this Court with this criminal petition. It is true that the admission in the affidavit filed in support of the petition before the Trial Court and the claims in the criminal petition are not consistent and the affidavit in the petition before the trial Court was clear about the default in appearance by the petitioner more than once and the non-representation by the counsel for the petitioner. Still imposition of such heavy costs of Rs.6,000/- for enabling cross examination of P.W.1 by the petitioner will be imposing a penalty in terrorem. The terms which can be imposed under Section 127 (2) of the Code of Criminal Procedure should be reasonable and though there is no specific measure by which such reasonableness can be quantified, the costs imposed by the trial Court are on the higher side and have to be interfered with to secure the ends of justice. After hearing the learned counsel for the parties, it is considered that reducing the costs imposed to Rs.2000/- will meet the ends of justice in which of course an element of subjectivity and approximation is inevitable. Therefore, the impugned order is modified by directing the petitioner to pay Rs.2,000/- to enable the petitioner to cross examine P.W.1 and to participate in the further proceedings in the maintenance case. The criminal petition is ordered accordingly. ______________________ G.BHAVANI PRASAD, J 17th September, 2009 SUR