public entertainment could not be
prosecuted under Section 112 of the Act.
5. This Court in S.A.S Pahwa Vs. State ... Petitioner is that the
prosecution under Sections 28 / 112 of the DP Act can be
maintained only against the owner/license holder in respect
District Net at 0130 hours which
aggravated your misconduct.
The above act of insubordination misbehavior and
misconduct on the part ... 1212/Commn. renders you liable for
punishment under Section 21 DP Act read with
Delhi Police (Punishment and Appeal) Rule, 1980."
2. The petitioner
respect of an eating house as mandated under
section 112 of DP Act, 1978 (Ex.PW-1/4). The plaintiff has also placed
on record
objective behind passing an Externment Order under Section
S.47 DP Act was for a benign purpose in the context of escalation of crime,
wherein ... main ground around which the entire proceedings under S.47 DP
Act revolves are the Five FIRs registered against the Petitioner since 2015
to claim
arrested Ranjeet Singh and Rajender
Kumar under Section 93 / 97 DP Act for breach of peace on 14.07.1994. They
were released on personal bond with
arrested Ranjeet Singh and Rajender
Kumar under Section 93 / 97 DP Act for breach of peace on 14.07.1994. They
were released on personal bond with
section (C) of Section 47 of DP
Act is elaborated by the explanation which says that a person
who within a period of one year ... immediately preceding the
commencement of an action under Section 47 of DP Act is
found in not less than three occasions to have committed
Delhi Police Act, 1978 (hereinafter
referred to as " DP Act ") as the Petitioners are the Police personnel and
public servants. They had done ... been held under Section 197 Cr.P.C. and Section 140
DP Act, as has been held by the Apex Court in the case
Delhi Police Act, 1978 (in short, ' DP Act ').
Case of the prosecution:
2. It is the case of the prosecution that ... could only have been prosecuted under
Sections 53 / 116 of the DP Act, for which the punishment can be
extended only to 6 months
learned ASJ also referred to Section 140 of Delhi Police Act read
with Section 197 Cr.P.C, wherein prior sanction is required for summoning ... Sanction under Section 197 Cr.P.C. read with Section 140 DP Act, was
required. The learned ASJ thus, set aside the summoning of Inspector
