Delhi High Court - Orders
Monika Majumdar vs State Nct Of Delhi & Anr on 27 September, 2023
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7089/2023
MONIKA MAJUMDAR ..... Petitioner
Through: Mr. Yatharth Rohila, Adv.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Aashneet Singh, APP for State
with SI Suresh Kumar, PS. Vasant
Vihar.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 27.09.2023 CRL.M.A. 26449/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 7089/20233. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 51/2019 under Section 3 of Delhi Prevention of Defacement of Property Act, 2007 registered at Police Station Vasant Vihar and all subsequent proceedings emanating therefrom.
4. The learned counsel for the petitioner invites the attention of the Court to the notice dated 03.10.2018 issued by the South Delhi Municipal Corporation (SDMC) to M/s Rich Feel Trichology Centre.
5. He submits that the allegation made in the notice is that an unauthorised advertisement had been displayed by the aforesaid concern which is in violation of Section 3 of Delhi Prevention of Defacement of Property Act, 2007.
6. He further submits that the allegation made in the notice dated This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2023 at 21:40:45 03.10.2018 against the petitioner is obviously prior to the petitioner's joining the aforesaid concern but the petitioner has been accused in the present FIR despite the fact that she joined the aforesaid concern only on 01.12.2018. To buttress his contention, reference has been made by the learned counsel to the letter of offer dated 01.12.2018, given by the said concern to the petitioner.
7. The learned counsel also invites the attention of the Court to Section 3 (2) of Delhi Prevention of Defacement of Property Act, 2007 to contend that the petitioner was appointed to the post of "Assistant Centre Head" of the aforesaid concern and she could not have been made vicariously liable in view of the said provision since it is only the president, chairman, director, partner, manager, secretary, agent or any other officer or persons connected with the management of a body corporate or association of persons who could be held vicariously liable. He submits that the petitioner does not fall in any of the above categories.
8. Issue notice. The learned APP for the State accepts notice.
9. List on 08.02.2024.
CRL.M.A. 26448/2023 (Stay)
10. Having regard to the submissions made by the learned counsel for the petitioner, which prima facie appear to have substance, the trial proceedings in connection with FIR No. 51/2019 registered at Police Station Vasant Vihar, is stayed, till the next date.
11. List on 08.02.2024.
VIKAS MAHAJAN, J SEPTEMBER 27, 2023/dss This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2023 at 21:40:45