ABDUL SHOAIB IBRAHIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition, the Petitioners are seeking quashing of C.C.No. 1625/PS/2018 pending before the learned Judicial Magistrate First Class (62nd Court), Bhoiwada, Dadar, Mumbai, presently camped at Sewree, Mumbai arising out of C.R.No. 92 of 2018 registered against them and other accused persons at Sewree Police Station, Mumbai, for offences punishable under Ss. 294, 114, 34 of the Indian Penal Code, 1860 read with Sec. 131-A of the Maharashtra Police Act, 1951.

(2.) The FIR came to be registered against Petitioners and other accused persons on 14/7/2018, with an allegation that obscene dances were being performed by female in a Bar managed by the co-accused Mr. Dharmraj S. Gauda, wherein Petitioners were present as customers while the raid was conducted by the police.

(3.) According to Petitioners, even if the contents of the FIR and the charge-sheet submitted pursuant to investigation are perused, no role is attributable to Petitioners, attracting the offences punishable under Ss. 294, 114, 34 of the Indian Penal Code, 1860 read with Sec. 131-A of the Maharashtra Police Act, 1951. Learned Advocate for Petitioners reiterated the contention that there were no specific allegations against Petitioners and that the material brought on record, even if accepted to be true, does not make out any offence against Petitioners. On this basis, it was submitted that when the ingredients of the alleged offences were not made out, there was no question of Petitioners being made to face the trial. It is for these reasons that Petitioners seek to invoke extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India read with Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, for quashing of the said case as against them.