IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.8249 OF 2016 Between:
Tanveer Makanojia, S/o Gulab, Aged about 42 years, R/at No.12/2, Lakshmi Road, Shanthinagar, Bangalore – 560 027. …Petitioner (By Shri. Mahesh T, Advocate) And:
1. The State of Karnataka, By Cubbon Park Police Station, Represented by Learned Public Prosecutor, High Court Building, Bangalore – 560 001.
2. Sri. Shivaraju V.D., Police Officer, Cubbon Park Police Station, Bangalore – 560 001. …Respondents (By Shri. Sandesh J Chouta, SPP – II for R1) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the Criminal proceedings initiated as against the petitioner in Crime No.247/2015 (C.C.No.9070/2016) pending on the file of VIII A.C.M.M., Bengaluru, for the offence P/U/S 294 of IPC vide Annexure - A.
This Petition coming on for admission this day, the Court made the following:-
O R D E R The present petitioner has sought to be the accused No.42 and he has been arraigned as accused along with several others on the allegation that they were indulging in offences punishable under Section 294 of the Indian Penal Code. The petitioner was said to be a customer at a bar and restaurant where scantily dressed women were dancing around and these petitioners apart from drinking and enjoying their food were hurling currency notes at them and enticing them for other immoral activities. The police said to have verified the premises and arrested the accused including the present petitioner on the ground that he had committed an offence punishable under Section 294 of the Indian Penal Code. This is hardly applicable to the petitioner. The several others who had been similarly placed had approached this court in Crl.P.No.2813/2016 connected with Crl.P.No.2815/2016 and Crl.P.No.2817/ 2016 and the same has been allowed and the proceedings have been quashed against those petitioners. The petitioner is entitled to a similar benefit. The petition is summarily allowed. The proceedings pending against him in C.C. No.7090/2016 on the file of the VIII Additional Chief Metropolitan Magistrate at Bengaluru stands quashed.
Sd/- JUDGE ykl