SUNITA GUPTA,J. - (1.) THIS is a petition under Article 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking quashing of DD No. 46 -B dated 22nd September, 2012 under Sections 28/112 of Delhi Police Act, 1978 (for short 'D.P. Act').
(2.) THE relevant facts germane to the present case are that the petitioner whose prosecution is sought to be initiated under Sections 28/112 of D.P. Act is working as an employee at a shop called as M/s Hydrabadi Biryani eating house which is selling readymade food material to its customers from the premises No. G -19, Ground Floor, Aggarwal Metro Height -II, Netaji Subhash Palace, Pitampura, Delhi. The allegation against the petitioner is that on 22nd September, 2012 he was sitting at the counter of the shop and was attending the customers. Head Constable Suresh Kumar bearing batch No. 648/NW came to the shop and enquired for the license of the shop from the petitioner. The petitioner informed Head Constable Suresh Kumar that he was only an employee of the eating shop and does not have copy of the license. He was also informed that Mr. Vivek Kapoor, owner of the premises, comes to the premises 3 to 4 times a month and he must be having the copy of the license, however, without considering the plea of the petitioner, Head Constable Suresh Kumar handed over a copy of DD No. 46 -B dated 22nd September, 2012 under Sections 28/112 of D.P. Act and directed the petitioner to appear before learned Metropolitan Magistrate on 26th September, 2012. The petitioner appeared before learned Metropolitan Magistrate and informed that he is only an employee and he could not be prosecuted for running the shop as an employee. He further informed learned Metropolitan Magistrate that the owner of the premises has applied for the license but the same has not been granted till date. He was informed that in case the petitioner wants to contest proceedings he should get bail and contest the proceedings by leading evidence. Being aggrieved, the present petition has been filed for setting aside DD No. 46 -B dated 22nd September, 2012 under Sections 28/112 of D.P. Act.
(3.) LEARNED counsel for the petitioner has relied upon S.A.S. Pahwa v. State 2000 (3) CC Cases HC 323 and Janak Raj v. State of NCT of Delhi 2012(3) JCC 2215 wherein under the same circumstances DD registered against the employee were quashed.;