MITESH RAMESH PUNMIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner seeks to challenge criminal proceedings bearing C.C. No. 61271/PS/2016 pending before the Additional Chief Judicial Magistrate, Mazgaon, Mumbai, arising out of C.R. No. 66 of 2016 dtd. 19/2/2016 registered with Nagpada Police Station, Mumbai for the offenses punishable under Ss. 294 & 114 read with 34 of the Indian Penal Code (I.P.C.) and Sec. 131(aa) of the Maharashtra Police Act.

(2.) The case of prosecution is that, on 18/2/2016 the informant-Mr. Mahesh Arun Choure, a Police Constable attached to the Social Work Department of Mumbai Police, was on surveillance duty. On receipt of secret information, which he shared with the Police Department, a raiding party was assembled and reached to Sea Princess Bar and Restaurant and found certain objectionable activities taking place in the said Restaurant. The raiding party saw women masquerading as waitresses dancing in obscene manner and customers throwing Indian currency notes towards the women. The men stewards and waiters were collecting the said money. It was also found that, the customers were encouraging the dancing women to make obscene gestures while dancing. The Applicant herein was found to be one of the customers watching the obscene dance and acts of the women. The Police recorded Spot Panchanama and the informant lodged the report leading to registration of the F.I.R.

(3.) The Petition was admitted by an Order dtd. 6/9/2023 passed by this Court. The proceedings in the trial were also stayed in terms of the said Order.