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[Cites 4, Cited by 0]

Delhi District Court

State vs Sh. Bisandev. on 23 May, 2014

      IN THE COURT OF SHRI SANATAN PRASAD:
     METROPOLITAN MAGISTRATE: BEGGAR'S COURT:
                    DELHI


                                         Case No. 322/14.
                                         U/S 5(5) BPB Act, 1959.
                                         State Vs Sh. Bisandev.



a.    Sr. No. of the case                322/14.


b.    Date of commission of offence      20.5.2014.


c.    Name of the complainant            Mrs. Malti Jha.


d.    Name of the inmate & his           Sh. Bisandev, S/o Sh. Chambulal,

      parentage & address                R/o Footpath, Delhi.

e.    The offence complained of

      or proved                          5(5)BPB Act, 1959.

f.    The date of hearing of arguments   23.05.2014


g.    The date of such order             23.05.2014


h.    Final order                        Declared beggar.


Present:


Ld. APP for the state.


Accused produced from R.C.C.
 JUDGMENT.


A brief reason for statement of decision:-



1.     By this Judgment I shall decide the present case of the prosecution. The case of

the prosecution is this that on 20.5.2014 at about 10.52 A.M at Hanuman Mandir,

Yamuna Bazar, Delhi accused was found begging and he was arrested and was

proceeded U/S 4(1) of Bombay Prevention of Begging Act, 1959 and a kalandra was

filed before the court.

2.     Notice U/S 25l CrPC for the offence of begging defined 2(1)(1) of the Bombay

Prevention of Begging Act, 1959 read with 4(1) of Bombay Prevention of Begging Act,

1959, by explaining to the accused in vernacular has been served and he has been

cautioned that he is not required to plead guilty and further he has been told about the

consequences thereof also and despite the consequences being told accused pleads

guilty to the offence/ accusation explained to him, as above.

3.     After conducting summary inquiry in the matter I am satisfied that accused has

voluntarily pleaded guilty and therefore, accused is found begging and he is, therefore,

declared a beggar and his case, therefore, falls U/S 5(5)of The Bombay Prevention of

Begging Act, 1959.



ORDER

4. I have heard Ld. APP for the state and also the inmate as well and after conducting a summary inquiry, by explaining accusation to him in vernacular and also by questioning the circumstances of his arrest, I am of the view that beggar is not likely to beg again and therefore I find it a fit case for releasing him on admonition and furnishing a bond for a sum of Rs.3000/- for the beggars abstaining from begging and be of good behaviour without surety. File be consigned to Record Room.

ANNOUNCED IN THE OPEN                          (SANATAN PRASAD)
COURT ON 23.05.2014                         METROPOLITAN MAGISTRATE
                                            BEGGAR'S COURT : DELHI.
 Case No. 322/14                               State Vs Shri Bishan Dev.




                     NOTICE OF ACCUSATION U/S 25l CrPC

It is alleged against you that on 20.5.2014 at about 10.52 A.M at Hanuman Mandir, Yamuna Bazar, Delhi you accused Bishan Dev was found begging from the passersby by raising your hands and thereby you committed an offence of begging defined U/S2 (1) (i) of The Bombay Prevention of Begging Act, 1959 and you are required to be dealt in accordance with Section 5(5) of the Bombay Prevention of Begging Act, 1959 and within my cognizance.

MM Delhi/23.5.2014.

Notice U/S 5(5)BPB Act,59 has been read over and explained to the accused in vernacular and he is questioned as under:-

Q.     Do you plead guilty or claim trial?


Ans. I plead guilty and do not claim trial.




RO&AC                                         MM Delhi/23.05.2014.