Delhi District Court
State vs . Abdul Aziz Nizam on 2 August, 2010
IN THE COURT OF MS. SUGANDHA AGGARWAL:
METROPOLITAN MAGISTRATE (NORTH5) : DELHI.
State Vs. Abdul Aziz Nizam
DD No. 30
PS Kotwali
J U D G M E N T
(a) Sr. No. of the case 1122/K/09
(b) Date of offence 09/07/06
(c) Complainant ASI Mohd. Shakir Khan
(d) Accused Abdul Aziz Nizami, S/o Mohd. Habib
Nizami, R/o 5943, Main Road,
Ballimaran, Chandni Chowk, Delhi
(e) Offence Under Section 28 read with Section
112 of Delhi Police Act.
(f) Plea of accused Pleaded guilty.
(g) Final Order Convicted
(h) Date of institution 25/7/2006
(i) Date when judgment Not reserved
was reserved
(j) Date of judgment 02/08/10
1. This judgment shall dispose off the case instituted under Section 28 read with Section 112 of Delhi Police Act against the accused.
2. The allegations against the accused are that on 9.7.2006, accused was found running an eating house/guest house under the name FIR No. 147/2009 Page No. 1 of 4 of "Sultanji Lodge" without any valid license. According to the prosecution, the accused thus committed offence under Section 28 read with Section 112 of Delhi Police Act.
3. After completion of investigation, chargesheet was filed. After compliance of Section 207 Code of Criminal Procedure, 1973. Notice was framed for offences under Section 28 read with Section 112 of Delhi Police Act against the accused vide order dated 27.7.2006 to which the accused pleaded not guilty and claimed trial. However, during trial, accused pleaded guilty to the offences under Section 28 read with Section 112 of Delhi Police Act. I have explained consequences of plea of guilt. Yet the accused reiterates his plea of guilt.
4. In my view, the plea of guilt of the accused is voluntary and made without any force and pressure. Therefore, accepting his plea of guilt, I convict him for the offence under Section 28 read with Section 112 of Delhi Police Act.
(Sugandha Aggarwal) Metropolitan Magistrate Tis Hazari Courts : Delhi Announced in open Court on August 02, 2010.
FIR No. 147/2009 Page No. 2 of 4
DD no. 30
PS Chandni Chowk
2.8.2010
Present: Ld. APP for State
Accused on bail with counsel.
Accused submits that he does not want to lead any evidence in his defence. His statement in this regard is recorded separately. DE is closed.
At this stage, accused states that he wishes to plead guilty to the offences under Section 28 read with Section 112 of Delhi Police Act. I have explained consequences of plea of guilt. Yet the accused reiterates his plea of guilt. His statement in this regard is recorded separately.
Vide separate judgment, the accused is convicted of the offence under Section 28 read with Section 112 of Delhi Police Act.
Heard arguments on the quantum of sentence. It is submitted that the convict has not committed the offences with a prior motive. It is submitted that convict is the sole bread earner of his family consisting of his wife and children. He prays that a lenient view may be taken on sentence.
Keeping in view the entire mitigating and aggravating circumstances, ends of justice will be met by taking a lenient view in the matter. Hence for the offences under Section 28 read with Section 112 of Delhi Police Act, convict is sentenced till rising of Court and to pay fine of Rs.50/ each. In default, the convict shall undergo SI for 02 FIR No. 147/2009 Page No. 3 of 4 days. Fine of Rs.50/ paid.
As the convict has been convicted for the offence under Section 28 read with Section 112 of Delhi Police Act, he is directed to close the guest house in question till a valid license to operate the same is obtained by him.
Bail bonds are cancelled. Surety is discharged. Original documents of surety, if any, be returned to him after cancellation of surety. File be consigned to record room after compliance.
(Sugandha Aggarwal) MM, Delhi/2.8.2010 FIR No. 147/2009 Page No. 4 of 4