MT NAZIRAN Vs. EMPEROR

JUDGEMENT

(1.) This case has been referred to a Division Bench because a learned Judge of this Court differed from the opinion expressed in Criminal Eevision of Muhammadi V/s. Emperor . The-Municipality of Agra made the following bye-law in 1917; No public prostitute shall reside in any house or building or ply her trade within the-municipal limits, except on both sides of the streets.

(2.) The accused is a public prostitute carrying on her trade and residing in a place not within the excepted streets. She had been fined thrice before and was found guilty of continuing her trade. Accordingly the Magistrate convicted her again and imposed a fine of eight annas per day for the period during which it was found that she had broken the bye-law. The learned Sessions Judge has referred the case to the High Court in view of the decision in the Criminal Revision referred to above. Power has been conferred on Municipal Boards under Section 298-H(c), U.P. Municipalities Act (Act 2 of 1915) for making a bye-law for the following purpose among others: Prohibiting in any specified street 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.) The definition of Municipality as given in Section 2(9) of the Act is as follows: Municipality means any local area which is a municipality by reason of a notification issued under Section 3 or, subject to the provisions of the said section, any local area which was a Municipality at the time immediately preceding the commencement of this Act.