RAJINDER SINGH Vs. ABDUL MAJID AND STATE

JUDGEMENT

(1.) The learned Additional Sessions Judge, Delhi (SHRI JOGINDER NASH), has by his order dated 4th Agust, 1972. made a recommendation to this court that the order of the learned S.D.M. (Shri A.S. Awasthi). passed in proceedings under Section 145 Criminal Procedure Code ., be quashed in the following circumstances.

(2.) I have heard shri R.D. Mehra, learned counsel for the petitioner (Rajinder Singh), Shri P.P. Malhotra, learned counsel for the respondent (Abdul Majid) and Shri H.R. Bhardwaj for the State, This case highlights the kind of difficulty that courts face when dealing with certain problems that arise in crowded it owns and cities and the need for a kind of interpretation wherever possible of existing laws to meet with such problems.

(3.) According to Rajinder Singh he was tenant of a portion of shop No. G-55. Karbala, New Delhi, which consisted of only one room with a single entrance where he used to keep the clothes in which he traded outside the shop, the rest of the shop having been let out to Abdul Majid where he used to sell meat throughout the day. According to Abdul Majid, however, he had taken the entire shop on rent for the purpose of selling meat and had also obtained a valid licence from the N.D.M.C. which was renewed from year to year.