Delhi District Court
State vs . Deepak Singhal. on 13 March, 2008
IN THE COURT OF SH. ASHUTOSH KUMAR : MM : DELHI State Vs. Deepak Singhal. N.C.R No. 976/00 PS Karol Bagh U/s 28/112 D.P. Act JUDGEMENT
A)Sl. no. of the case : 184/3
B)The date of commission of offence : 06.08.00
C)The name of the complainant : ASI Rama Kant Tiwari
D)The name & address of accused : Deepak Singhal S/o
Kanhaiya Lal Singhal R/o
172/A-2, Basant Road, Railway
Colony, Pahar Ganj, Delhi.
E)Offence complained of :U/s 28/112 D.P. Act
F)The plea of accused :Pleaded guilty on 22.3.07.
G)Final order :Convicted.
H)The date of such order : 13.3.08.
Date of Institution:12.08.00
Date of decision: 13.03.08
THE BRIEF REASONS FOR THE JUDGEMENT
1. Brief resume of facts of the present case are that on 06.08.00 at about 6.30 p.m ASI Rama Kant visited the hotel 'Jyoti Delux', situated at 4/68, WEA, Karol Bagh, N. Delhi and found that the same was being run without licence. There one Rohit Garg, who was the receptionist of the hotel was found, who on demand failed to produce the licence for running the said hotel and at that time 05 rooms were occupied by guests/customers as per the occupancy chart and he seized that occupancy chart. Continue....
-2-2. After investigation, police filed the challan against accused Deepak Singhal. Complete set of copies were supplied to the accused.
3. At the stage of notice of accusation U/s 251 Cr.PC, the accused Deepak Singhal voluntarily pleaded guilty for the offence U/s 28/112 D.P.Act. His plea of guilty was recorded separately on 22.3.07. Since the plea of guilt of accused Deepak Singhal is voluntarily made, therefore the same is accepted. In these circumstances the said accused Deepak Singhal is held guilty for the offence U/s 28/112 D.P.Act and is accordingly convicted.
Announced in the open court today (ASHUTOSH KUMAR)
Date : 13.3.08 METROPOLITAN MAGISTRATE
DELHI
IN THE COURT OF SH. ASHUTOSH KUMAR : MM : DELHI State Vs. Deepak Singhal N.C.R No. 976/00 PS Karol Bagh U/s 28/112 D.P. Act 13.03.08 ORDER ON POINT OF SENTENCE Present : APP for State.
Convict Deepak Singhal in person.
Heard. Considering the facts and circumstances of this case convict Deepak Singhal is sentenced to pay a fine of Rs. 50/- in default SI for one week for the offence U/s 28/112 D.P.Act.
As per the mandate of Section 112 (2) of D.P.Act, the convict is directed to close the said hotel 'Jyoti Delux' which was being run from premises no. 4/68, WEA, Karol Bagh, New Delhi, until he obtains a licence or fresh licence for running the said hotel. SHO concerned is directed to ensure the closure of the said hotel if being run without any licence as on today and to submit a report to this effect alongwith photographs on or before the next date of hearing i.e 04.07.08. In case some other persons is running the said hotel at present without licence then the SHO concerned is directed to take appropriate action U/s 28/112 of D.P.Act. In case, the present owner of said hotel is having a valid licence from DCP Licencing then no action as per section 28/112 of D.P.Act is to be taken.
Announced in the open court today (ASHUTOSH KUMAR)
Date : 13.3.08 METROPOLITAN MAGISTRATE
DELHI
State Vs. Deepak Singhal
N.C.R No. 976/00
PS Karol Bagh
U/s 28/112 D.P. Act
13.03.08
Present: APP for state.
Accused Deepak Singhal in person with Ld counsel Mr. Gupta
adv.
Heard. Case is fixed for consideration. Accused Deepak Singhal has already pleaded guilty for the offence U/s 28/112 D.P.Act.
Statement of his plea of guilty has already recorded separately on 22.03.07. I accept the same being voluntary in nature.
Heard. Vide separate judgment of even date, accused Deepak Singhal is convicted for the offence U/s 28/112 D.P.Act.
At request of convict Deepak Singhal arguments on point of sentence also heard today. Vide separate order on the point of sentence, convict is sentenced to pay a fine of Rs. 50/- in default SI for one week for the offence U/s 28/112 D.P.Act.
As per the mandate of Section 112 (2) D.P.Act, the convict is directed to close the said hotel 'Jyoti Delux' which was being run from premises no. 4/68, WEA, Karol Bagh, New Delhi, until he obtains a licence or fresh licence for running the said hotel. SHO concerned is directed to ensure the closure of the said hotel if being run without any licence as on today and to submit a report to this effect alongwith photographs on or before the next date of hearing i.e 04.07.08. In case some other persons is running the said hotel at present without licence, then the SHO concerned is directed to take appropriate action U/s 28/112 of D.P.Act and to file his report on next date. In case, the present owner of said hotel is having a valid licence from DCP Licencing then no action as per section 28/112 of D.P.Act is to be taken.
List it for F.P on 4.7.08.
(Ashutosh Kumar) Metropolitan Magistrate Delhi The accused persons state that they have sold the said hotel to various persons and photocopy of the sale deeds are placed on record. Therefore, order for closure of the said hotel can not be passed. SHO concerned is directed to ascertain as to whether the hotel is being run from the said premises and that owner has valid license for running the same. In case any hotel running from the said premises is without license SHO concerned is directed to initiate the proceedings against them as per law. SHO concerned is directed to ensure the compliance of this order and to file his status report by 23.02.07.