RAVI SHANTARAM SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition, the Petitioner is seeking quashing of C.C.No. 2604264/PW/2022 pending before the learned Judicial Magistrate First Class (26th Court), Borivali, Mumbai, arising out of C.R.No. 007 of 2020 registered against him at Dahisar Police Station, Mumbai, for offences punishable under Ss. 308, 294, 114, 109 of the Indian Penal Code, 1860 (IPC), Ss. 3, 8(1), 8(2), 8(3), 8(4), 8(5) and 8(6) of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016 (for short 'Act of 2016'), Sec. 68 of Maharashtra Prohibition Act and Ss. 33(A), 37, 129, 131 of the Maharashtra Police Act, 1951.

(2.) The aforesaid FIR came to be registered against Petitioner and other Accused persons on 2/1/2020, with an allegation that obscene dances were being performed by females in a Bar, managed by the co- accused Mr. Ramesh Poojari, Mr. Ganesh Khot and Mr.Bala Kamble, wherein Petitioner was present as customer while the raid was conducted by the police.

(3.) According to Petitioner, even if the contents of the FIR and the charge-sheet submitted pursuant to investigation are perused, no role is attributable to Petitioner, attracting the offences punishable under the aforesaid Acts. Learned Advocate for Petitioner reiterated the contention that, there were no specific allegations against Petitioner and that the material brought on record, even if accepted to be true, does not make out any offence against Petitioner. On this basis, it was submitted that when the ingredients of the alleged offences were not made out, there was no question of Petitioner being made to face the trial. It is for these reasons that Petitioner seek to invoke extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India read with Sec. 482 of the IPC, for quashing of the said case as against them.