DIGVIJAY SINGH GUJARAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this petition being aggrieved by Crime No.580/2018 registered against him for the offence punishable under Section 269 of IPC and also seeks quashment of that criminal proceeding registered against him at Police Station Gorakhpur, Distt. Jabalpur.

(2.) The facts giving rise to this petition, in short, are that the applicant is running Restaurant in the name and style of Gujaral Restaurant. Police received a tip off that in restaurant there are some boys who were consuming Hookah and spreading smoke in the restaurant. When customer felt difficulty in breathing, there is possibility of spreading communicable disease. Incharge of the Police Station Gorakhpur went to the spot along with Police party and found that there were some boys who were smokeing Hookah and spreading smoke in the restaurant. There was very difficult for the customer to breath. On seeing Police, boys fled away from the spot. Police seized Hookah and found that the applicant was serving Hookah to the boys in the first floor of the restaurant premises, seized four Hookah and some other substance tobacco which used for smoking in Hookah. Prima facie, it was found that applicant was serving Hookah for consuming some tobacco product by smoking to the boys, registered FIR in Police Station Gorakhpur at Crime No.580/2018 against the applicant for the offence punishable under Section 269 of IPC and arrested the applicant and enlarged on bail.

(3.) Being aggrieved by that criminal proceeding registered against the applicant in Police Station Gorakhpur, the applicant has filed this petition on the ground that the he is running a restaurant having sitting capacity of more than 30 persons. There was smoking place provided for the customer to smoke there. The applicant has not committed any violation of any Act or Rules. There is no statutory requirement for securing the separate license for the purpose of creating any smoke zone or smoking area in the hotel or restaurant. In the aforesaid separate area, there is facility of smoking through Hookah because no person is allowed to smoke in the restaurant. There was no restriction under Section 144 of Cr.P.C. No crime as mentioned in the FIR is made out, therefore, prays to quash all the proceeding commencing on the FIR No.580/2018 registered at Police Station, Gorakhpur, Distt. Jabalpur.