SACHIN DATTARAM KADAM vs STATE OF MAHARASHTRA

Judgment text excerpt

S.9-APL.328.2025(Cri).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 328 OF 2025 Mr. Sachin Dattaram Kadam } Aged 39 Years, Occu. : Business, } R/o. Near Sarvajnik Ganesh Utsav Mandal, } Room No. 13, Haji Chawl, } Sahyadri Nagar, Bhandup (W), } Mumbai- 400 078 } … Applicant } Versus } } State of Maharashtra } (At the instance of Andheri Police Station) } … Respondent Mr. G. L. Dalvi a/w Ms. Yogita V. Gogar, for the Applicant. Mrs. P. P. Shinde, Addl. P.P., for the Respondent- State. Mr. Vinod Patil, Police Inspector, Andheri Police Station, Mumbai, is present. CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ. DATE : 26TH NOVEMBER, 2025. JUDGMENT ( Per Sandesh D. Patil, J. ) :- 1. Heard learned Counsel for the Applicant and learned Addl.P.P. for the Respondent -State. 1/9 S.9-APL.328.2025(Cri).odt 2. Rule. Rule is made returnable forthwith with consent of both the parties and is taken up for final disposal. Learned Addl.P.P. waives notice on behalf of the Respondent- State. 3. By this Application, the Applicant is seeking to quash the First Information Report bearing No.48/2019 dated 11.04.2019 registered with the Andheri Police Station as well as the chargesheet and the proceeding, bearing C.C. No.3183/PW/2019, pending before the learned Metropolitan Magistrate, 65 th Court, Andheri, Mumbai. 4. The First Information Report bearing No.48/2019 was lodged on 11.04.2019 under the provisions of Sections 3 and 8 of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016 (hereinafter referred to as “the Prohibition Act”) and Section 131 of the Maharashtra Police Act. The first informant was working in the police department. It is 2/9