Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 2312/PS/2018
C/S filed on : 16/08/2018
Registered on : 16/08/2018
Decided on : 22/04/2026
Duration : 07 Y 08 M 06 D
Exh. 12.
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. No. 2312/PS/2018 (C.R.No. 49/2018)
(C.N.R.No. MHMM19-010310-2018)
J U D G M E N T
(u/Sec. 355 of Cr.P.C.)
(a) The serial number of the case. : C. C. No. 2312/PS/2018.
(b) The date of the commission of
the offence.
: On 28/03/2018
(c) The name of the Informant. : The State (Jogeshwari Police
Station in C.R. No. 49/2018)
(d) The name of the accused
person and their parentage
and residence;
: 1) Vinod Deepak
Dattawani
2) Pradip Majavirprasad
Bageria,
3) Ramjan Kamluddin
Badnpura,
4) Pramod Parasmal
Sisodiya,
5) Sunil Bansilal Mantri
6) Vijay Arun Joshi
7) Raju Bhojraj Daryani
8) Gyanchand
Manikchand Jain
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Judgment 2 C. C. No. 2312/PS/2018
9) Ravindrakumar
Vitthalrao Mungapathi
(A.Nos. 1 to 9
absconding)
10) Miten Vinod Dalal
11) Rajesh Purnamal
Agrawal
12) Pankaj Bhavarlal Jain
13) Niraj Navratan Hiran
14) Sham shantilal
Samdani
15) Mithun Jayant Vora
16) Mehul Mahendra
Mehta
17) Suresh Bhoja Poojari
18) Saurabh Navin Jain
19) Nitin Rajendra Jhar
20) Moin Iqbal Hussain
21) Kumar Vijay
Karmakar
22) Fettemohd. Chand
Pardeshi
23) Rajan Suryabhan
Singh
24) Prasanna Lakhan
Shetty
25) Chaturdhan Dungar
Sahu
26) Ratikant Govind
Kanak
(A.Nos. 12 to 26
absconding)
27) Ashok Monta Shetty
28) Santosh Janardhan
Poojari
29) Damodar
Krishnakaran Shetty
30) Mahua Kishor Singh
31) Surekha Mahajan
Singh
32) Guruprir
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Judgment 3 C. C. No. 2312/PS/2018
Makkhansing Kaur
33) Disha Ashok Singh
(A.Nos. 28 to 33
absconding)
34) Mahi Prabhudayal
Yadav (Pleaded guilty)
35) Poonam Suresh
Chandra
36) Varsha Rajesh Singh
37) Astha Anil Malhotra
38) Kamini Suresh Singh
39) Rashmiyar Ramesh
Pariyar
40) Saba Abdul Sattar
(A.Nos. 35 to 40
absconding)
(e) The offence complained of : Under Section 294 r/w 34 of
IPC
(f) The plea of the accused and
their examination.
: Accused pleaded not guilty.
(g) The final order : Accused Nos. 10, 11 and 27 are
acquitted.
(h) The date of such order : 22/04/2026
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. F. L. Shaikh.
The Ld. Advocate for accused : Shri. Shetty.
JUDGMENT
(Delivered on 22/04/2026)
The prosecution was required to prove that the accused
before the Court i.e. Miten Dalal and Rajesh Agarwal as well as the
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Judgment 4 C. C. No. 2312/PS/2018
accused whose trial has been separated had made obscene gestures in
Lotus Bar & Restaurant and the accused Ashok Shetty being the
Manager has supported the customers and committed offence p/u/s.
294 of the IPC.
3. The accused have pleaded innocence and trial commenced.
The statement of accused u/Sec. 313 of Cr.P.C. is recorded wherein they
had stuck to their defence of total denial and false implication.
4. Heard Ld. APP for State and Ld. Advocate for the accused.
5. The prosecution has examined only testimony of PSI
Gajanan Vinayakrao Bharati who was attached to Crime Branch Unit
No.III. The prosecution failed to record evidence of panch witnesses and
also other prosecution witnesses despite ample opportunities. It is the
matter of record that the panch witness Sohail Sayyed has been
reported dead and another panch was reported as not traceable as per
report dated 13/01/2025.
6. PSI Gajanan Vinayakrao Bharati (PW1) has stated on oath
that on 28/03/2018 along-with Sr.PI Jagdish Sai, they have raided
Lotus Bar & Restaurant located at Andheri (E), informing the panch
witnesses before hand and was given 4 currency notes of denomination
Rs. 50/-. According to him, PC Shinde and the panch witnesses entered
the bar and after receiving signal from them, the team of crime headed
by Gajanan Bharati went inside the restaurant. Upon entering the
restaurant he saw 11 girls dancing on the floor who were making
obscene gestures and were trying to be closed with the customers. He
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Judgment 5 C. C. No. 2312/PS/2018
further stated that there were 16 customers present in the bar who were
instigating those 11 girls to dance and make obscene gestures by
offering them amount. He further stated that he found Rs. 50/-
currency notes given to panch witness Ansari in possession of Gurmeet
Kaur. He seized the same as well as the cash amount from the counter.
After concluding the raid, he lodged FIR on behalf of State.
7. While under cross examination he admitted that Lotus Bar
& Restaurant having permit to run bar, orchestra and restaurant and it
was closed premises. He also admitted that there were no complaint
from neighboures complaining annoyance. He has also admitted that it
is not mentioned in the FIR that the customers were inviting the girls to
come close to them.
8. In the instant case the accused Miten and Rajesh have been
arrayed as accused on the ground that they were inviting the girls to
behave in obscene manner by offering them money. However, no
amount came to be seized from their possession or from the possession
of any of the customer. Neither it is alleged that they themselves or any
other customer did obscene act or uttered any obscene words near the
public place nor the witness has described the gestures allegedly made
by them. In absence of any evidence describing the gesture, statement
of Gajanan Bharati is not sufficient to come to conclusion that the
accused before the Court and other arrayed as accused being in capacity
of customer have done any obscene act or gestures. Similarly, Gajanan
Bharati (PW1) has not described the act or gestures of the girls arrayed
as accused. In absence of description of the act or gestures by those
girls, it cannot be said that the girls have done any obscene act or
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Judgment 6 C. C. No. 2312/PS/2018
gesture.
9. Further, it is alleged that Rs. 50/- note was seized from
possession of girl Gurmeet Kaur. However, Gajanan Bharati has not
described the serial number of Rs. 50/- note allegedly given to the
panch witness Ansari. Therefore, there is no iota of evidence to suggest
that the Rs. 50/- note allegedly recovered from possession of Gurmeet
Kaur was the same which was given to panch witness Ansari. Further,
there is no evidence to show that Ansari gave any Rs. 50/- note to
Gurmeet Kaur. Thus, the evidence of the Gajanan Bharati do not link
the accused with alleged offence.
10. Accused Ashok Shetty has been arrayed in the case being
the Manager of the hotel and it is alleged that he was supporting the
customers in their act. Firstly, the prosecution has not proved any
offence against the customers. Secondly, the testimony of Gajanan
Bharati is absolutely silent on the act or omission of accused Ashok
Shetty. Thus, there is absolutely no evidence against him.
11. In view of our discussion, the accused before the Court are
entitled to be acquitted. One of the accused Mahi Yadav had pleaded
guilty. With regard to the rest of the accused who have been charge-
sheeted, I do not find any iota of evidence which would lead to their
conviction if they appear before the Court and plead innocence. Thus,
consequently proceedings against all other remaining accused are
required to be stopped.
12. Record shows that Rs. 50/- currency note is came to be
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Judgment 7 C. C. No. 2312/PS/2018
seized under panchanama as well as cash of Rs. 27,140/- was also
seized from the hotel counter. However, the Manager of the hotel or
cashier has never claimed such amount from the Court as they have
come with the theory of total denial and false implication.
Consequently, the seized cash is required to be forfeited and credited to
the State. Resultantly, I proceed to pass following order:
ORDER
i Accused Miten Vinod Dalal, Rajesh Puranmal
Agarwal and Ashok Monta Shetty are acquitted of the
offences punishable under Section 294 r/w 34 of the
IPC vide section 255 (1) of the Code of Criminal
Procedure.
ii Bail bonds of the accused stands cancelled.
iii Accused Nos. 10, 11 and 27 shall furnish bond
of Rs.10,000/- each under section 437(A) of the Code
of Criminal Procedure.
iv The proceeding against accused Nos. 1 to 9
absconding, accused Nos. 12 to 26, accused Nos. 28 to
33 and accused Nos. 35 to 40 is hereby stopped vide
Section 258 of Cr.P.C.
v Seized cash of Rs. 27,140/- be credited to the
State after appeal period is over.
(S. G. Agrawal)
Judicial Magistrate (F.C.)
Date: 22/04/2026. 10th Court, Andheri, Mumbai.
Di
9/10/2023
Dictated on : 22/04/2026.
Transcribed on : 22/04/2026.
Signed on : 22/04/2026.
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