JANAK RAJ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr. P.C. seeking quashing of DD No. 57B dated 7Th January, 2011 under Section 28/112 of Delhi Police Act, 1978 (for short 'Act'). The relevant facts of the present case are that the petitioner whose prosecution is sought to be initiated under Sections 28/112 of the Act was working only as a manager of Indian Coffee House, Mohan Singh Palace Branch, Connaught Place, New Delhi. It is pertinent to mention that Indian Coffee House, Mohan Singh Palace Branch, Connaught Place is run under the aegis of Indian Coffee Workers Cooperative Society having its Head Office at 38, Bungalow Road, Delhi-07.

(2.) The allegation against the petitioner is that on 7th January, 2011 he failed to produce a licence for running an eating house and accordingly, a Kalandara under Sections 28 and 112 of the Act was lodged against him.

(3.) Learned counsel for the petitioner states that the police officials have registered the aforesaid case against the petitioner despite knowing that the petitioner was working only in the capacity of a manager and it was well established law that ordinarily a servant or agent or in-charge of a place of the public entertainment could not be prosecuted under Section 112 of the Act.