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Showing contexts for: KALANDRA in M/S Trillion Motels Pvt. Ltd vs The State (Govt. Of Nct Of Delhi) on 16 May, 2014Matching Fragments
1. This revision petition has been preferred seeking to question the correctness, legality and propriety of the order dated 14.03.2014 passed by Ms. Chetna Singh Metropolitan Magistrate (Judge, Evening Court No.1), Saket on the file of criminal case arising out of Kalandra (complaint) registered vide No. 23/2014, presented by Inspector Gurnam Singh, ATO of police station Fatehpur Beri alleging offence under Section 28/112 of Delhi Police Act, 1978 having been committed in respect of the premises described as eating house run in the name and style of Trillion Hotel from a premises at M. G. Road, Manglapuri, New Delhi within the jurisdiction of the said police station.
2. As per the kalandra, petitioner no.2 was sought to be prosecuted on the allegations that when the premises of the said eating house was inspected by the complainant SI, in the wake of information about the fight incident having been received and recorded vide DD no. 6A at 02.59 hours dated 13.02.2014, it was found that a dinner party had been organized therein, in the course of which the said incident of quarrel had taken place. It was alleged that petitioner no.2 was present in the premises and introduced himself as the manager of the eating house. But, when he was questioned, interalia, about the licence for running the eating house, from the said premises, he showed his inability to do so referring in this context to it being late hours of the night.
10.The fresh petition filed jointly by both the petitioners questions the procedure adopted by the learned magistrate in dealing with the kalandra. It also questions the propriety of the direction for the eating house to be closed against the backdrop of the claim that a valid registration certificate under Delhi Police Act subsists. It has been argued that in this view, the very foundation of the prosecution is missing.
19. For the foregoing reasons, the impugned order is set aside. The kalandra is returned to the metropolitan magistrate for fresh consideration and further proceedings in accordance with law. Needless to add that while considering the proper action, the learned magistrate will first examine the propriety of the prosecution through kalandra in the face of the claim that a valid registration certificate of the eating house subsists.