JUDGMENT - Smt. RANJANA DESAI, J.:---The present petition is filed praying for quashing of the process issued in Case No. 2987 /P/84 pending before the Metropolitan Magistrate, 26th Court, Borivali, Bombay.

2. The petitioner was at the relevant time, working as a Manager of Vaibhav Video Parlour run in the premises of Vaibhav Snack Bar at Dahisar (East), Bombay. According to the petitioner, the said Bar is owned by his brother Ahmed Lalani. The said Bar possessed all requisite licences for an eating house. At the relevant time licences were valid and subsisting.

In the part of the premises of the said Snack Bar, a video parlour was being run. In order to ascertain as to whether the video parlour required a licence under the Bombay Police Act or the Cinemas (Regulation) Act, the petitioner's brother addressed a letter dated 10th February, 1984 to the Assistant Commissioner of Police. Theatre Branch, Bombay. A copy of the said letter is annexed to the petition as Annexure "A". In the said letter, the petitioner's brother has stated that he had paid entertainment duty for the month of February, 1984 for the exhibition of video film at the said address. In the said letter he had request

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