MT MUHAMMADI Vs. EMPEROR

JUDGEMENT

(1.) This is an application j for the revision of an order of the learned Sessions Judge of Agra confirming the order of a Bench of Magistrates imposing a fine on Mt. Muhammad a prostitute under Section 299, U.P. Municipalities Act. The fine was imposed for the alleged infringement of a bye-law made by the Board, and the application for revision is made on the ground that the bye-law itself is ultra vires.

(2.) Under Section 298-H(e), U.P. Municipalities Act, a Municipal Board by special resolution is empowered to make bye. laws prohibiting in any specified streat or area, the residing of public prostitutes and the keeping of a brothel, or the letting or other disposal of a house or building to public prostitutes or for a brothel.

(3.) In 1917 the Municipal Board of Agra passed a bye law under this section of the Act to the following effect: No public prostitute shall reside in any house or building or ply her trade within the municipal limits, excepting on both sides of the street beginning from shops Nos. 3215 and 3096 in Phullatti bazar down to Kinaribazar up to shops Nos. 2007 and 4765 and from there on both sides of the street in Kashmiri bazar down to Malkabazar cross-road shops Nos. 2723/11 and 2175 on each side of the street.