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2012 DIGILAW 2031 (DEL)

Santra v. State

2012-05-30

M.L.MEHTA

body2012
JUDGMENT : M.L. Mehta, J. This is a criminal revision petition U/s 401 Cr.P.C. against the judgment and final order dated 23.03.2012 passed by learned ASJ whereby he dismissed the appeal and upheld the order dated 03.03.2012 passed by the Special Metropolitan Magistrate Mobile Court-II, Lajpat Nagar, New Delhi in which the petitioners were ordered to be kept in Certified Institution for a period of one year in view of Section 5(5) of the Bombay Prevention of Begging Act (hereinafter referred to as Act). 2. Vide the order dated 3rd March, 2012 the Learned M.M. convicted the petitioners and ordered them to be kept in Certified Institution for a period of One year, in view of Section 5(5) of the Act. The petitioners carried the matter in appeal which came to be dismissed by the Learned ASJ vide impugned order dated 23.03.2012. 3. The present petition has been filed assailing the said impugned order of the Learned ASJ and Special M.M. 4. I have heard the learned counsel appearing for the petitioners and Ld. Addl. P.P. for state and parties and their relations in person. 5. There is no dispute that the petitioners who are the illiterate ladies having come from Bhilwara, Rajasthan along with their spouses and children pleaded guilty to the notices U/s 251 Cr.P.C. served upon them by the Special M.M. From the order of the Learned Special M.M. it is seen that he had followed the required procedure. It has been recorded by him that the petitioners had stated that they had come to Delhi and they had no jobs and money to buy food for their children and that they were receiving alms for their food and daily necessities and were living on footpath at Kotla Market, New Delhi. Placing reliance on these statements of the petitioners, the Learned Special M.M. arrived at the conclusion that the petitioners were the professional beggars and not having any defence. When learned Magistrate had noted that they came to Delhi for begging and had no job or money and were living on footpath and receiving alms for food and daily necessities, it cannot be said that the petitioners are professional beggars but they were begging for necessities. It is really unfortunate that the petitioners had to come to Delhi all the way from Rajasthan for the purposes of arranging food for self and their family members particularly children. It is really unfortunate that the petitioners had to come to Delhi all the way from Rajasthan for the purposes of arranging food for self and their family members particularly children. The petitioners are in Certified Institution since 3.3.2012 and on the last date of hearing they were summoned by way of production warrants for assessing their backgrounds and intentions. They all were having small children in their laps and expressed their sincere desire to go back to their native villages immediately. They also maintained that they were begging due to the necessity of food for their children. In all these circumstances and keeping in view the fact that they are in Certified Institution for about three months now, I deem it a fit case to invoke the applicability of proviso to Section 5(5) of the Act. Today their male family members are also present and they have also undertaken to leave the City for their native villages immediately on the release of the petitioners. Like the petitioners they have also ensured not to let them indulge in begging. In such circumstances, I feel that instead of making their children further suffer they can be released on their executing bonds of good behaviour without sureties on their undertaking not to involve in begging or to be seen begging in Delhi. The bonds will be executed before the Special M.M. and for which the petitioners will be produced before him tomorrow i.e. 31.05.2012, It is further directed that Special Magistrate shall ensure by issuing appropriate directions to the authorities of Nirmal Chaya Parisar (complex), Jail Road, Hari Nagar, New Delhi to ensure the deportation of the petitioners to their villages immediately. All the petitions are disposed of accordingly.