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2018 Supreme(Bom) 1442

T.V.NALAWADE, K.L.WADANE
Ramesh s/o. Radhamal Advani – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.B. Kale h/f. Mr. A.M. Hajare, Advocate.
For the Respondents: Mr. P.V. Diggikar, A.P.P.

JUDGMENT :

T.V. NALAWADE, J.

1. The petition is filed under Articles 226 and 227 of Constitution of India and section 482 of Criminal Procedure Code for relief of quashing of F.I.R. No. 20/12 dated 16.7.2012 registered with Faizpur Police Station, Tahsil Yawal, District Jalgaon. It is registered for offences punishable under sections 3 r/w. 7 of the Essential Commodities Act and section 33 (A) of Bombay Police Act, 1951. Both the sides are heard.

2. F.I.R. is given by Police Officer of S.D.P.O. Faizpur. On that day, police had specific information that in hotel Akashlakshya situated at Faizpur - Bhusawal road, the business of prostitution was being done. The A.P.I. and police staff went to the said hotel in the night time and the jeep was stopped at some distance. When they entered the hotel, they noticed that petitioner No. 1 Ramesh was sitting at the counter. After seeing police, Ramesh somehow ran away and escaped. The staff of the hotel including Manager Manohar were there and when inquiry was made, they informed that petitioner No. 2 Harish, brother of Ramesh, was the owner of the hotel. The record regarding ownership and permission to run the business of hoteling was shown and i









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