"Great cases, like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment. These immediate interests exercise a kind of hydraulic pressure which makes whatpreviously was clear seem doubtful, and before which even well settled principles of law will bend."
5. We find that the impugned order of the High Court so far as it relates to the imposition of cost is founded on no basis. There is not even a finding recorded that the police officials were remiss in any way and/or had committed any lapse during investigation. In the absence of any reason having been indicated by the High Court as to why the Court felt necessary for imposing cost, the direction for payment of cost cannot be sustained and is set aside.
THIRD PARTY PEANALTY PAYMENT
Ashok Kumar Mittal v Ram Kumar Gupta
and another, 2009 (2) SCC 656, wherein it has been held that in a litigation between two private parties, levy of costs in favour of State by way of penalty, or in favour of non-party charitable organizations, should be avoided,but the said Order dated 5.5.2014 has imposed “costs of Rs. 2,500/- to be deposited with the Prime Minister’s Relief Fund”.