ORDER

1.

quashment of FIR bearing crime No.0034/2020 registered at Police Station Sailana, District Ratlam and subsequent criminal proceedings pending against the applicant.

2.

Ratlam vide order dated 18.12.2019, passed under Section 144 of Cr.P.C., directed to the owners of all the hotels and lodges to obtain ID proof from their customers, who stayed in their hotels and lodges. On 14.02.2022, during checking, it was found that applicant, being owner of hotel Sailana Palace, Ratlam did not follow the directions and violated the condition of the Aadhar and the aforesaid order and provided rooms to the customers without obtaining ID Proof. An FIR bearing Crime No.0034/2020 was registered against him as well as Manager co-accused Anil Suryavanshi, who was found on the spot. Prosecution sanction was obtained from District Magistrate and after completion of investigation, charge-sheet was filed against applicant the and with his Manager co-accused Anil Suryavanshi.

3.

itself, at the time of checking, applicant was not found on the spot. He cannot be held liable for the wrong Act committed by his Manager co-accused Anil Suryavanshi. There is nothing on record which indicates that applicant was involved in the crime. Prosecution sanction obtained against him is defective. It is apparent from the order of prosecution sanction that the sanction was given with regard to some other person Pushpendra. In view of the aforesaid, no offence is made out against the applicant. Hence, FIR lodged in the matter with respect to the applicant may be quashed alongwith subsequent criminal proceedings pending against him.

4.

prayer and submits that during investigation, it was found that applicant in connivance with co-accused Anil Suryavanshi used to provide rooms of his hotel for illegal activities to boys and girls without obtaining their ID Proof and violates the directions given by the District Magistrate vide order dated 18.12.2019. Order of prosecution sanction has duly obtained and only because of some typographical error, it cannot be said that the order of prosecution sanction related to the applicant is defective. Therefore, this petition is devoid of merits and the same may be dismissed.

5.

6.

owner of Hotel Sailana Palace, Ratlam at the time of incident. During checking, it was found that on 14.02.2020, customers namely; Rahul Parmar, Nathulal Maida, Kuldeep Singh Goyal and Shiv Singh were provided rooms in the above hotel without obtaining their ID Proof and ID Cards. Register of the hotel was seized, from which prima facie it is clear that aforesaid activities were going on in the applicant's hotel. Therefore, at this stage, it cannot be said that he was not aware about the aforesaid activities going on in his hotel. Prosecution sanction has duly been obtained against him. Therefore, without recording of the evidence at this stage, it cannot be said that he has falsely been implicated in the matter.

7. Hence, this petition is devoid of merits and accordingly, dismissed.

(SATYENDRA KUMAR SINGH)

JUDGE

SJ