A. THANAJAYAN Vs. INSPECTOR OF POLICE, CHENNAI

JUDGEMENT

(1.) This petition has been filed to quash the FIR in Crime No.969 of 2020 on the file of the first respondent police, for the offences under Ss. 3(2)(a),4(1),5(1)(a) of the Immoral Traffic (Prevention) Act r/w Sec. 4(1)(k) of the Tamil Nadu Prohibition Act and Ss. 188, 269 of IPC as against the petitioners.

(2.) The case of the prosecution is that when the respondent police were on regular check up, they found that a Recreation club was running without any valid permission. It is also alleged that the petitioners and other accused are the owners of the club and they were doing prostitution business. Hence, the complaint.

(3.) The learned counsel appearing for the petitioners would submit that there are totally 9 accused in which the petitioners are arrayed as A1 and A2. They are running a Recreation Club on their own in the name of Kadal Pura Recreation Club, after obtaining necessary permission and proper license from the Prohibition and Excise Department. It is also periodically renewed by the department concerned. He would further submit that the provisions of the Act must be strictly followed, cogent and with the convincing material must be placed before this Court that the petitioners were involved in the offences. While being so, the second respondent ought not to have arrayed the petitioners as the accused without any specific allegation. The premises was let out by the landlord Mrs.P.Sridevi to one Ramamohan Durai for carrying out the business of bar, restaurant and entertainment events on monthly rental basis. The first petitioner entered into the business agreement with the said Ramamohan Durai on 27/3/2019. Therefore, the role played by the petitioners is that they handed over the premises for the purposes of skill development and to keep fit health and mind, away from day today human problems. That apart, the petitioners were not present at the time of search and they are no way connected with the activities of the recreation club. Only on the false information given by the competitor, the present impugned FIR has been registered as against the petitioners.