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Power to order costs 

Power to order costs :

Section – 342 . Any Court dealing with an application made to it for filing a complaint under section 340 or an appeal under section 341, shall have power to make such order as to costs as may be just.

COMMENTS

GENERAL

Provision based on Bombay Amendment – This new provision conferring power to award costs in proceedings under sections 340 and 341 has been adopted with a few modifications from section 476C inserted by the Bombay Act 46 of 1948. The Bombay Amendment read as follows :

“A criminal Court dealing with an application made to it for filing a complaint under section 476 or section 476A, and a court dealing with an appeal under section 476B and the High Court dealing with an application in revision shall have power to make such order as to costs as may be just :

Provided that no such order shall be made against the Government or any public servant acting on behalf of the Government.”

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