An act punishable under section 294 of the Indian Penal Code must be done in a public place and cause annoyance to others.

A.M. Badar, J.

1. On oral prayer made by learned counsel for the petitioners, respondent No. 2 is allowed to be deleted at his risk. Heard. Rule. Rule, made returnable forthwith. By consent of the parties, the petition is heard finally.

2. By this petition filed under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.), petitioners are praying for quashing of the F.I.R. registered against them by Amboli police station, Mumbai vide C.R. No. 388/2015 for offence punishable under section 294 read with 34 of Indian Penal Code, 1860 (for short the 'I.P.C.').

3. The facts in nutshell leading to the institution of the present petition can be summarized as under:-

On 12th December, 2015 informant Jagjit Girmile, a Journalist, initially informed the Assistant Commissioner of Police, Andheri, Mumbai that a private party is going in Flat C-201, Evershine Cosmic, Kureshi Compound, Andheri (W), Mumbai wherein some women dressed scantily are dancing and making obscene gestures to the customers and that the customers present thereat are showering money on them for encouraging them to make obscene gestures. In pursuant to this information, the Assistant Commissioner of Police, informed police personnel from Amboli and Oshiwara police stations to take necessary action. Thereafter, police organized for a raid by arranging two panch witnesses. Police party along with panch witnesses went to the said flat and rang the door bell. When a woman opened the door of that flat, police entered in the flat and they heard sound of music coming from the inner room. They found that in the last room of that flat, six women, scantily dressed, were dancing and men sitting there were consuming liquor. Police further found that some people were showering money on those women. Police then took charge of the articles, such as disco light, speaker, two bottles of liquor, etc.

4. By issuing notice under section 46(1) of the Criminal Procedure Code, those six women, so also the owner of the flat were asked to attend police station in the next morning. Men present there were taken to the police station for further action. Subsequently, on the basis of the report lodged by Mr. Jagjit Girmile, crime in question came to be registered against present petitioners as well as others for the offence punishable under section 294 read with 34 of Indian Penal Code. By the present petition, petitioners are praying for quashing the said F.I.R.

5. Learned counsel appearing for the petitioners vehemently argued that the flat in question cannot be said to be a public place where anyone could have access. Whatever activities is alleged by police took place in the flat, which cannot be said to be a public place. As such, it cannot be said that the petitioners/accused in the said crime are prima facie liable for penal consequences as provided in section 294 of the Indian Penal Code. Therefore, according to learned counsel for the petitioner, the petition deserves to be allowed.

6. As against this, according to learned APP, on the basis of information received, raid was conducted wherein it is found that those women were indulging in obscene act at the place of incident and those obscene acts were being viewed by petitioners as well as other persons. As such, according to learned APP, prima facie, it cannot be said that the provisions of section 294 of Indian Penal Code are not attracted.

7. Upon being asked by this Court, after taking instructions from the concerned police officer present in the Court, learned APP submitted that except section 294 read with 34 of Indian Penal Code, no other offence is levelled against accused persons including petitioners in Crime No. 388/2015. According to learned APP, the Investigating Officer has found that persons accused in the said crime have not committed any offence, except the offence punishable under section 294 of Indian Penal Code.

8. We have perused the material placed