VAIBHAV PRASHANT BINAYKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner seeks to challenge criminal proceedings bearing C.C. No. 146/PW/2024, pending before the learned Additional Chief Metropolitan Magistrate, 4th Court, Girgaon, Mumbai, arising out of C.R. No. 339 of 2023 dtd. 6/8/2023 registered with Tardeo Police Station, Mumbai for the offenses punishable under Ss. 188 read with 34 of the Indian Penal Code (IPC), Ss. 3, 8(1) 8(2), 8(4) of Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016 (for short "Act, 2016") and Sec. 131(A) of the Maharashtra Police Act.

(2.) The case of prosecution is that, on 6/8/2023, the informant Mr.Sudershan Sawant, a Police Constable of Mumbai Police was on surveillance duty. On receipt of secret video clip, wherein it was seen that, females were performing obscene dance, he shared the clip with his Department. Accordingly, a raiding party alongwith Crime Detection Squad was assembled and reached to Indiyana Bar and Restaurant and found certain objectionable activities taking place in the said Restaurant. The raiding party saw four females dancing in obscene manner and customers encouraging the same. It was also found that, the customers were encouraging the dancing women to make obscene gestures. The Petitioner herein was found to be one of the customers watching the obscene dance and the obscene acts of the women. The Police prepared Spot Panchanama and the informant lodged the report leading to registration of the present FIR.

(3.) The FIR came to be registered against manager, cashier, waiters, bar owner and customers on 6 th August, 2023, with an allegation that obscene dances were being performed by females in a Bar owned and managed by the co-accused Mr. Rana Pratap Ramsumer Singh, wherein Petitioner was present as a customer while the raid was conducted by the police.