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2016 Supreme(Bom) 634

NARESH H.PATIL, A.M.BADAR
AMARDEEP SINGH CHUDHA – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Petitioner: Rajendra Shirodkar, Archit Sakhalkar.
For the Respondent: Mrs. U.V. Kejriwal.

JUDGMENT :

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 t


















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