S A S PAHWA Vs. STATE

JUDGEMENT

(1.) In this case, according to the petitioner, S.A.S. Pahwa, he is the managing partner of Amarpali Hotel/Guest House, 2/16, East Patel Nagar, New Delhi. Since one of his sons Amarjit Singh Pahwa contested elections of the MCD from Patel Nagar Constituency and was elected, he had become controversial figure and the local police made an imaginery report for launching prosecution under Section 28/112 of the Delhi Police Act, 1978 (hereinafter called the 'Act' for short) against one Ram Charan Singh son of Sh. Purshottam Lal describing him as Night Manager of the Amarpali Hotel/Guest House. According to the petitioner, no such person was ever his employee. The prosecution in respect of Amarpali Hotel/Guest House was an abuse of the process of law. Ram Charan being an employee of Amarpali Hotel/Guest House could not be a person liable to obtain a licence and accordingly, could not be prosecuted. According to the petitioner. Ram Charan had been set up by way of a design to make the petitioner suffer an order of closure on conviction of Ram Charan on the basis of the complaint made by one Jogi Ram. On the report of Jogi Ram, SI, a prosecution has been launched for offence under Section 112 of the Act against Ram Charan.

(2.) Feeling aggrieved, the applicant being interested party whose rights are vitally and adversely affected by an order of closure has moved this petition praying for quashing the prosecution based on the report (Kalandra of Jogi Ram).

(3.) I have heard the learned Counsel for the parties and gone through the record.