M.C.D. Vs. N.C. RAJAN

JUDGEMENT

(1.) The notice ordered in this revision could not be served on the respondent. Several opportunities were given to have the respondent served. On May 13, 1975 a Bench of this Court acceeding to the request made on behalf of the petitioner directed Dasti notice to be given to the Standing Counsel for the Municipal Corporation of Delhi, Sh. N.K.. Jain, so that the respondent may be served No steps were taken to have the respondent served. The revision has been pending since 1972.

(2.) This revision petition was directed to be heard along with Criminal Appeal No. 5 of 1972 filed by the Municipal Corporation of Delhi against acquittal of the respondent in that appeal who is not the same respondent in this revision petition. It may be clarified that in Criminal Appeal No. 5 of 1972 the accused was shown as M/s. Datta Madras Coffee House. The prosecution was against M/s. Datta Madras Coffee House and N.C. Rajan The revision for enhancement of sentence was filed against N.C. Rajan.

(3.) Criminal Appeal No. 5 of 1972 was dismissed by us on Nov. 30, 1977 for non-prosecution The situation in this revision petition is similar to the situation in that appeal The petitioner has not taken adequate steps to serve the respondent, who was convicted but sentenced to fine of only Rs. 50.00. In the prosecution as noticed earlier, there were two accessed. N.C. Rajan was convicted and sentenced to fine of Rs 50.00 while M/s. Datta Madras Coffee House, the firm, was acquitted. The prosecution was launched in pursuance of a sample taken in September. 1969. The impugned order of an additional Sessions Judge was passed in 1971. In our view there is no justifiable reason to keep the revision petition pending despite what may be called indifference on the part of the petitioner to prosecute the same. We, therefore, dismiss the revision petition. Petition dismissed.