( 1 ) THE petitioner is being prosecuted under S. 294 I. P. C. upon the allegation that on September 20, 1979, at about 6. 40 P. M. , the petitioner along with three other women was performing cabaret dances in Uma Restaurant in. the colony of Naraina. They were wearing nothing except under wears and brassieres and were vibrating the various parts of their body. This was considered obscene because such type of dances injuriously affect the character of the people. The proprietor of the Restaurant and all the four women dancers have been summoned by the learned Metropolitan Magistrate by his order of April 28, 1980, which the petitioner is challenging in this petition.

( 2 ) THE short question is whether such types of semi-nude dances are covered by S. 294 I. P. C. According to that section, "whoever to the annoyance of others (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term A which may extend to three months, or with fine, or with both. " According to Ranjit D. . Udeshi v. The State of Maharashtra, 1965 (2)