D.D.A. Vs. K.P. TRADING CO.

JUDGEMENT

(1.) The present appeal has been filed against the order/judgement dtd. 31/3/2006 passed by MM, New Delhi, in Case No. 57/98 registered under Sec. 14 r/w Sec. 29(2) of the Delhi Development Act (hereinafter "DD Act"), whereby the Trial Court acquitted Respondent No. 2 and 3 for the said offences. This Court observes that during the pendency of the present appeal, the Respondent No. 3 namely Sangeeta Sethi has passed away on 3/5/2024. In this regard, an affidavit along with a death certificate have been placed on record. Accordingly, the proceedings against the said respondent stand abated.

(2.) The facts, pithily put, are that on 5/6/1997, the accused persons were found using the premises in question i.e. 138 Raja Garden, Delhi for running a trade store for cosmetics under the name "K.P. Trading Co.", contrary to the permitted purpose i.e., residential thereby leading to initiation of prosecution resulting in filing of complaint/challan under Sec. 14 r/w Sec. 29(2) of DD Act.

(3.) The prosecution examined a total of 2 witnesses to prove its case. CW-2 was a formal witness who proved the constitution of the accused firm namely "K.P. Trading Co.". CW-1, on the other hand, was the joint engineer/ inspector of DDA who had inspected the firm"s premises. The respondents in their statement under Sec. 313 CrPC pleaded not guilty and claimed false implication.