3THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 3590 of 2008 DATE: 24-03-2011 Between: S.Ameer Basha .. Petitioner And State of Andhra Pradesh, by the S.H.O., P.S. Gandhi Nagar, Secunderabad through its P.P. .. Respondents THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 3590 of 2008 ORDER: This Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) for quashing the proceedings in C.C.No.549 of 2007 pending on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad. The petitioner herein is prosecuted for the offence under Sections 294 and 109 of the Indian Penal Code, 1860 (for short “IPC”) alleging that on 15.11.2003 at 00.15 hours when the staff of the Central Zone team along with Women Police Constables entered into the premises viz. Golden Sip Bar & Restaurant, Musheerabad ‘X’ Roads, Secunderabad found that female singers were engaged and encouraging them for dancing in the bar and female singers are exposing their bodies in indecent manner and collecting tips from the customers by moving around the tables and also allowing the customers on the dais and collecting tips from them. The petitioner is the owner of the said Bar & Restaurant found at the time of the said incident. The learned counsel for the petitioner has pleaded that under Section 294 of IPC, the acts of the accused must be annoyance to the others, then only the ingredients of Section 294 of IPC are attracted and in support of his contention he relied upon a decision rendered by this Court in Criminal Petition Nos.516 of 2007 and 2355 of 2003, wherein it was observed that the Bar & Restaurant is a public place but there is no evidence to show that any annoyance has been caused to others and by relying upon the judgment of the Bombay High Court reported in the case of NARENDRA H. KHURANA v. COMMISSIONER OF POLICE[1], held that the ingredients of Section 294 of IPC are not attracted and thereby the said proceedings are quashed. In the present case also, there is no material on record to show that the acts of the accused are annoying the others, as none of the persons found in the Bar & Restaurant have made any complaint to police about causing annoyance to them. Therefore, the ingredients of Section 294 of IPC are not made out from the allegations made in the charge sheet. Therefore, the continuation of the proceedings against the petitioner amount to abuse of the process of law. Accordingly, the proceedings in C.C.No.549 of 2007 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad are hereby quashed. In the result, the Criminal Petition is allowed. ___________________ P.DURGA PRASAD, J 24-03-2011 MR THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 3590 of 2008 DATE: 24-03-2011 MR [1] 2004 CR.L.J. 3393