N H KHURANA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD both sides.

(2.) BY this petition, the petitioners seek quashing of the F.I.R, and proceedings relating to C.C. No.151/P/2003 pending before the learned Metropolitan Magistrates 37th Courts Esplanade Mumbai. The said case is mainly registered for the offence under Section 294 of IPC.

(3.) IT is the case of the petitioners that the licence was granted to them for cabaret dance. Reliance is placed on the licence which was granted to the petitioners for cabaret performances. The performance was discontinued after the night of the raid. The learned counsel for the petitioner argued that prosecution cannot sustain under Section 294 of as there was no annoyance caused to the public, which is one of the main ingredients of the offence. It is further pointed out from the charge-sheet that no witness has stated that he was annoyed. Secondly, reliance is placed on the judgments of this Court taking the view that cabaret dance performances even exposing private parts, would not amount to obscenity within the meaning of Section 294 of IPC.