RITZ CARLTON HOTEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The defacto complainant is said to have reported to the police that the petitioner which is engaged in the Hospitality Industry, has a business in the name and style of "Ritz Carton Hotel" on the Fifteenth Floor of a building. It is alleged that at 11.30 p.m. on 6.8.2016, loud music was being played at the Hotel, which was disturbing the people in the neighbourhood, who are said to have lodged a complaint against the petitioner, in respect of which proceedings have been initiated by the police. On the police having conducted a raid and having seized music equipment which was said to be the source of the loud music, thereafter have registered an FIR alleging offences punishable under Sections 37, 92(1) and 109 of the Karnataka Police Act, 1963 as well as under Sec. 15 of the Environment (Protection) Act, 1986. It is in this background that the petitioners are before this court.

(3.) It is contended that the hotel premises is a high end hotel premises and the allegation that loud music was emanating from the premises, is false and incorrect. The premises is sound proofed and no sound emanates from within and no outsider could have been disturbed by the music that was being played. It was on the malafide instigation of a neighbouring competitor that action has been taken. The action is vitiated on account of the fact that the offences alleged are non-cognisable in nature and the police having conducted a raid and search even prior to filing of the FIR, is illegal. Secondly, there is non-compliance with Sec. 14 of the Environment (Protection) Act, 1986 in invoking Sec. 15 thereof and therefore, the petitioner seeks that the proceedings be quashed.