Tek Chand, J. - (1.) These are thirteen Criminal Appeals (Nos. 864 and 865 to 876 of 1957) preferred by the Municipal Committee, Malerkotla, from the order of the Sessions Judge setting aside the orders of conviction passed by the trial Court under S. 152 of the Punjab Municipal Act, No. III of 1911, and acquitting the accused-respondents.
(2.) The respondents were prosecuted in pursuance of a resolution of the Municipal Committee, No. 364, dated 29-10-1956. A complaint under S. 152 of the Punjab Municipal Act, 1911, was presented by P. W. Joginder Singh. Sanitary Inspector of the Municipal Committee, Malerkotla,. It was stated in the complaint that he had been duly authorised by the Executive Officer of the Municipal Committee to make complaints and to take action under S. 152 of the Act as per Office Order No. 75 of 16-11-1955. The allegation against the female respondents was that they were residing in the area of Sunami Gate and were practising prostitution there. As against male respondents it was alleged that they had let their premises to be used for the purpose of habitual prostitution and thereby both male and female respondents had committed offence under S. 152 of the Punjab Municipal Act. At an emergent meeting of the Municipal Committee held on 9-11-1955, a resolution was passed authorising the Executive Officer to take action under Ss. 152 and 153 of the Punjab Municipal Act. The Executive Officer was also authorised to delegate powers to some other officer of the Committee. In pursuance of the above resolution, S. Devindar Singh, Executive Officer, had authorised P. W. Joginder Singh, Sanitary Inspector, to make complaints and to take action under Ss. 152 and 153 of the Act. An attested copy of this authorization has been placed on the record.
(3.) On 29-10-1956, resolution No. 364 was passed at a special meeting of the Municipal Committee, Malerkotla, to the following effect: "In the following areas within the limits of Municipal Committee, Malerkotla City, there should not remain any brother nor should any woman reside for practising prostitution. In pursuance of this a public Notice under S. 152, Punjab Municipal Act, 1911, be issued that after 15 days of the publication of that Notice in the Gazette, there should not be any brothel, nor should any woman reside for practising prostitution......." The localities in which prostitution was prohibited were mentioned including the area of Sunami Gate where the respondents in these cases reside. The proceedings of the meeting held on 29-10-1956, were confirmed on 22-111956. There was a notification in the Punjab Gazette, dated 30-11-1956, notifying the above resolution. It was notified that any person contravening the provisions of this notice shall be dealt with under S. 152 of the Punjab Municipal Act, 1911, and that the notice would take effect of fortnight, after its publication in the Punjab Gazette.;