SANJAY PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred invoking the extraordinary writ jurisdiction of this Court to quash the order as contained in memo no.404 dated 31.10.2019 passed by the Sub-Divisional Magistrate, Sheohar (respondent no.3) as contained in Annexure-5 to the writ application. The petitioner has also prayed for quashing of the order dated 28.06.2020 by which the 'Family Hotel and Restaurant' belonging to the petitioner has been sealed by the Executive Magistrate and the officer in-charge of Sheohar police station in compliance of the order passed by respondent no.3. Brief Facts of the Case

(2.) It is the case of the petitioner that he was running his hotel business in the name and style 'Family Hotel and Restaurant'. It is a small eight room hotel and is registered under the Bihar Shops and Establishment Act. The hotel is said to be the only source of livelihood of the petitioner.

(3.) It is stated that on 17.10.2019 the local police conducted a raid in the hotel and arrested one female and a male and also the petitioner on the allegation that prostitution was going on in the hotel. One F.I.R. (Annexure-2) has been lodged. On going through the F.I.R. it would appear that the female allegedly disclosed the informant police officer that at the instance of the petitioner she had agreed to establish physical relationship with the customer of the hotel on payment of Rs. 1000/-. On the said date also she was called on her mobile at 6.00 am by one staff of the hotel and on his call she had gone to room no.4. She allegedly accepted that she had established physical relationship with the customer.