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Metro Guest House Vs. the State

Metro Guest House vs The State

Type Court Judgment Court Delhi Decided Nov 22, 1991
~1 min read
https://sooperkanoon.com/case/694121

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Criminal Miscellaneous (Main) Appeal No. 2057 of 1991
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

DELHI POLICE ACT, 1978 - Section 28 and 112--Petition under Section 482 Code of Criminal Procedure for quashing proceedings against petitioner's guest House-proceedings against Guest House being run without license--Application for grant of license dismissed on 7-6-1991--Appeal dismissed on 23-10-1991--Petition fil...

Key legal issue
Criminal
Acts & sections
Delhi Police Act, 1978 - Sections 28

Parties & Advocates

Appellant / Petitioner

Metro Guest House

Respondent

The State

Legal References

Acts
Delhi Police Act, 1978 - Sections 28
Reported In
1991(3)Crimes838; 1992(22)DRJ126

Excerpt

delhi police act, 1978 - section 28 and 112--petition under section 482 code of criminal procedure for quashing proceedings against petitioner's guest house-proceedings against guest house being run without license--application for grant of license dismissed on 7-6-1991--appeal dismissed on 23-10-1991--petition filed in september 1991--petition for quashing proceedings dismissed.;it is not possible to say that simply because of pendency of appeal against the order of dismissal of the application for grant of license such an application would be deemed to revive. assuming even if it were so, admittedly the appeal, has been dismissed when the petition has come up for final disposal. thereforee on the date the application for grant of license is finally dismissed. the authorities cited by the learned counsel have no bearing on the facts of the petition. the petitioner cannot seek quashing of its prosecution when it has no license to run the guest house. petition dismissed. - (1) it is not possible to say that simply because of pendency of appeal against the order of dismissal of the application for grant of license such an application would be deemed to revive. assuming even if it were so, admittedly the appeal has been dismissed when the petition has come up for final disposal. thereforee on the date the application for grant of license is finally dismissed. the authorities cited by the learned counsel have no bearing on the facts of the petition. the petitioner cannot seek quashing of its prosecution when it has no license to run the guest house.

Full Judgment

(1) It is not possible to say that simply because of pendency of appeal against the order of dismissal of the application for grant of license such an application would be deemed to revive. Assuming even if it were so, admittedly the appeal has been dismissed when the petition has come up for final disposal. thereforee on the date the application for grant of license is finally dismissed. The authorities cited by the learned counsel have no bearing on the facts of the petition. The petitioner cannot seek quashing of its prosecution when it has no license to run the guest House.

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