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1968 Supreme(Del) 50

HARDAYAL HARDY
MUNNI BEGUM – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
R.N.TIKKU, Sultan Yar Khan, V.D.MISRA

Hardayal Hardy, J.

( 1 ) THE facts in this Criminal Revision which has been referred to this Court by the Addl. Sessions Judge Delhi are that Mst. Munni Begum, who will hereafter be referred to as. the petititoner, is the widow of Pir Wazir Ali Shah Warsi. He died in Delhi on 15/4/1967 and was buried by the petitioner in a room of her house No. 773, Phatak Karoli, Frash Khana Delhi. Inasmuch as the said house had not been set apart for making graves for burial of dead persons, she was called upon to remove the nuisance by service of notice under Section 398 of the Delhi Municipal Corporation Act, 1957 but she failed to do so. A complaint was thereafter lodged against her by the Delhi Municipal Corporation for offences under Sections 397 (l) (d), 398 and 461 of the Delhi Municipal Corporation Act, 1957 in the court of a magistrate who issued summons for the appearance of the petitioner. Before she appeared in court an application was moved on her behalf under Section 205 of the Code of Criminal Procedure through her advocate Mr. Sultan. Yar Khan wherein it was stated that she was a purdahnashin lady and widow of a renowned religious leader and that her personal attendance may theref


































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