THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5301 of 2011 ORDER: The present Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in STC No.76 of 2011 on the file of the Judicial First Class Magistrate, Yemmiganur. The petitioner is said to have been found in the company of another accused by the police on 28.03.2011 in room No.7 of Raghadeepa lodge at Mantralayam. The door was said to have been closed, but it was opened by the room boy and both of them were found to be in obscene position. Thereafter the police, after investigating into the case, filed the charge sheet for offences under Sections 177, 180, 187, 201, 294 and 497 of the Indian Penal Code, 1860 (for short “IPC”) and the learned Magistrate has taken the case on file for the offences under Sections 177 and 294 of IPC only. The learned counsel for the petitioner contends that, so far as the present petitioner is concerned, the offence under Section 294 of IPC is not attracted, since they were in a lodge room, which was closed and from the material collected by the police, it was a case of consent between both the parties and not by any criminal force or otherwise they were in the room. Therefore, according to him, the main ingredient under Section 294 of IPC about the obscenity in a public place is not attracted and since it is a lodge, which was taken by paying the rent by the accused-petitioner, it is under his occupation and it is the private occupation of the petitioner and, therefore, it cannot be a case of public nuisance, where both of them willingly engaged in the company. Therefore, in view of the above circumstances, as rightly contended by the learned senior counsel, the offence under Section 294 of IPC is not made out. So far as the offence under Section 177 of IPC is concerned, it is said to be a wrong information given by the other accused about her identity and it is not an allegation against the present petitioner for an offence under Section 177 of IPC. According to the police, the name of the other accused was said to have been given wrongly. Incidentally, she also said to be an advocate practicing along with the petitioner. Therefore, when once the main offence under Section 294 of IPC is not attracted and the information bound to be furnished to the police does not arise, as there is no accusation of any offence and consequently, the offence under Section 177 of IPC also does not arise. Therefore, in view of the above circumstances, the charge sheet is devoid of the legal requirements and is, accordingly, quashed against the petitioner. Accordingly, the Criminal Petition is allowed. ________________________ N.R.L. NAGESWARA RAO, J Date: 14-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5301 of 2011 DATE: 14-07-2011 MR