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2016 Supreme(Del) 2

G.ROHINI, RAJIV SAHAI ENDLAW
NITU – Appellant
Versus
GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI – Respondent


Advocates:
Advocate Appeared:
Mr.Anand Grover, Sr.Adv. along with Ms.Tripti Tandon, Ms.Amritanaanda, Ms.Astha Dhanda and Ms.Liyi Marli Noshi, Advs.
Ms.Ferida Satarwala, Adv. for GNCTD. Mr.Sanjay Jain, ASG along with Mr.Vikram Jetley, CGSC and Ms.Rajul Jain, Adv. for UOI.

JUDGMENT :

G.ROHINI, J.

1. This writ petition is filed praying inter alia to declare Section 18 of Immoral Traffic (Prevention) Act, 1956 (for short =the Act‘) as void, unconstitutional and ultra vires and further to quash the four orders of the Sub-Divisional Magistrate (SDM), Paharganj, Delhi dated 21.07.2012 passed under Section 18 of the Act in respect of four premises, viz., (i) Kotha No.56, 2nd Floor; ii) Kotha No.42, 2nd Floor; iii) Kotha No.59, 2nd Floor & (iv) Kotha No.5211, 1st Floor of G.B. Road, Delhi.

2. The impugned orders dated 21.07.2012 are identical and a perusal of the same shows that the Station House Officer (SHO), Kamla Market filed applications dated 10.05.2012 and 14.05.2012 under Section 18(1) of the Act before the Sub-Divisional Magistrate (SDM), Paharganj, Delhi seeking closure of the four kothas mentioned above. It was alleged by the SHO that on study of the cases of the last three years registered under various Sections of the Act, it was found that several FIRs were registered with respect to the premises in question. The particulars of the said FI








































































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