DHANANJAY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Jaiswal, learned Advocate for the applicant and Ms. Joshi, learned Additional Public Prosecutor for the respondents. Rule. Rule is made returnable forthwith.

(2.) The applicant has filed this application under Section 482 of the Code of Criminal Procedure, praying that the charge-sheet bearing No. 556 of 2013 filed before the learned Judicial Magistrate First Class, Hingna, Nagpur, on 6th August 2013 in Regular Criminal Case No. 415 of 2013 and F.I.R. No. 3437 of 2013 dated 4th June 2013 registered by A.P.I., Hingna, M.I.D.C. Police Station, Nagpur City be quashed.

(3.) The case of the petitioner is that he runs an establishment under the name and style of the "The Executive Club Hotel (I) Private Limited" and the name of the hotel is "The Great Maratha". The petitioner has submitted that the hotel has a Bar and Restaurant. The applicant has submitted that he is having Eating House Licence and Performance Licence since 1999. According to the applicant, the licence was renewed after 14th August 2005 for Gazals and Orchestra. The applicant has submitted that some Police Officers of Crime Branch had visited the hotel on the basis of anonymous complaint alleging that dance was being performed in the premises of the hotel. A panchanama was prepared and as nothing illegal was found, no action was taken against the applicant. However, on 4th June 2013 First Information Report was lodged and offence was registered against the applicant for offences punishable under Sections 33A and 33B and 131 of the Bombay Police Act alleging that dance performances were being conducted in the premises of the applicant's hotel and that some DVD was available, which substantiated the allegations. The applicant applied for grant of anticipatory bail and the learned Additional Sessions Judge, Nagpur, granted an ad-interim bail on 5th June 2013, which is confirmed on 13th June 2013. The applicant had sent communication dated 22nd June, 2013 to the non-applicants stating that the applicant cannot be prosecuted for the offences punishable under Sections 33A and 33B of the Bombay Police Act, as they are struck down as unconstitutional. However, the charge-sheet is filed on 6th August 2013. Therefore, the applicant has filed this application praying for quashing of F.I.R. and the charge-sheet.