Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioners/A2 and A3, seeking to quash the proceedings in C.C.No.3106 of 2022 on the file of the learned Judicial Magistrate of First Class, Kurnool, for the offences punishable under Sections 294, 354, 506, 509 r/w 34 of Indian Penal Code, 1860.

2. Brief facts of the prosecution case are that on 06.11.2018, A2 who is the Director of Vista Agri Tech Pesticides Company and A3 to A6 who are office staff and some others arranged a party to the dealers of the said company in the Golden Function Hall of A1, with orchestra and forced the female dancers to do obsence dances with dealers, and when the female dancers refused to do, A2 and his crew threatened them and while dancing on stage, some of the dealers misbehaved with the females by outraging their modesty, and basing on the confession statement of A1, a case was registered by Inspector of Police, Kurnool IV Town Police Station, for the offences punishable under Sections 294, 354, 506, 509 r/w 34 IPC and seized one DVR under cover of panchanama.

3. Learned counsel for the petitioners submits that even accepting the entire allegations to be true, no offence under Section 509 IPC as against petitioners herein would attract.

4. On the other hand, learned Assistant Public Prosecutor appearing for the respondents submits that the ingredients mentioned in the charge sheet would make out a case under Sections 294, 354, 506 and 509 r/w 34 IPC, for the reason that the employees of the company insisted the female dancers to dance with them and when the female dancers refused to do, they threatened them that they would not allow them to leave Kurnool, and while dancing, some of the dealers misbehaved with the female dancers and behaved with them in a rude manner.

5. Heard. Perused the record.

6. Admittedly, a news scrolling appeared in T.V. channel and news clipping in Eenadu Daily Telugu paper under the caption of “Kurnool lo Rev Party Kalakalam” on 08.11.2018. In connection with that, the then Inspector of Police, Kurnool IV Town Police Station along with staff reached Golden Function hall at 07.45 hrs. On seeing the arrival of the police, one person tried to skulk away but with the assistance of staff, LW.7 apprehended him and on enquiry gave his identity as Ravuri Srinivasulu, and stated that he constructed the said function hall and giving the same to rent for weddings, meetings and other functions. About 10 days ago, one Venkata Rao, Director of Vista Agri Tech Pesticides Company, Hyderabad booked the function for 06.11.2018, for conducting meeting with dealers. The dealers consumed the liquor and the company organizers insisted the female dancers to do sexy dance with dealers for which they refused to do and then the organizers threatened them they would not allow them to leave Kurnool. Afraid of it, some of the female dancers agreed to dance with company dealers and went on to the stage and started to dance with male, who are the company dealers. Some of the dealers misbehaved with the female dancers in a rude manner. Basing on the same, a case has been registered as against the petitioners and others in Crime No.409 of 2018 for the aforesaid offence. Thereafter, the police conducted investigation and filed charge sheet.

7. Admittedly, a confession statement was made by the owner function hall with regard to the alleged incident which is said to have been occurred on 06.11.2018, wherein the female dancers were threatened to dance along with the accused and other dealers and the accused are alleged to have misbehaved with the female dancers.

8. Prima facie, when there is a case as against the petitioners herein, this Court in normal circumstances would not interfere under Section 482 Cr.P.C. Disputed questions of fact have to be decided in the course of trial and this Court would not be in a position to conduct a roving enquiry to decide truth or otherwise of the same. The defence that has been raised by lea