DINESH KHANNA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This batch of petitions is for quashing of Kalandra issued against the petitioners by the local police under Section 28 read with Section 112 of the Delhi Police Act. All these matters are involving the same or somewhat similar questions of fact and law and are therefore, disposed of by one common order.

(2.) Broadly speaking, there are two categories of cases, though there are individual factual variation, accordingly, the result of each individual case may vary. These two broad categories of cases are, one in respect of those Kalandras where before the actual date of filing of Kalandra, the petitioner had applied for licence to the DCP (Licensing) (hereinafter called as 'First Category') while as the second set of cases are those cases where the petitioners have not applied to the DCP (Licensing) for grant of requisite licence before the initiation of Kalandra and has taken the plea that the application was not accepted by the DCP (Licensing) on the ground that before applying, they must obtain a 'Health Trade' licence from the MCD (hereinafter called as 'Second Category').

(3.) So far as the facts of the present case titled Sh. Dinesh Khanna v. Government of NCT of Delhi bearing Crl.M.C. No. 1647/2008 are concerned, in this case the petitioner has prayed for quashing of Kalandra pending before the learned MM, Patiala House Courts, New Delhi under Section 28/112 of Delhi Police Act initiated vide DD No. 70B dated 17.5.2007. It is alleged in the petition that the petitioner has been running a Guest House in the name and style of Hotel City Centre being operated from L-118, Mahipalpur Extension, New Delhi-110037 built up on an area of about 109 sq. yds. comprising of basement, ground floor, second floor and third floor, having nine rooms.