Bombay HC Quashes Case Against 4 Businessmen Over Panvel Bar Obscene Dance Raid

Mumbai: Observing that “mere presence as customers” cannot attract criminal liability, the Bombay High Court has quashed proceedings against four businessmen who were booked after a police raid on a Panvel bar for allegedly allowing obscene dance performances.

Mere Presence Not a Crime

A bench of Justices Ajey Gadkari and Rajesh Patil, on August 20, allowed the plea filed by Tushar Ranka, Darshit Soni, Amit Ranka and Vikas Shah. The petitioners had sought quashing of the case pending before the Judicial Magistrate First Class, Panvel.

FIR Registered in 2023

The FIR was registered in July 2023 at Panvel Taluka police station following a raid at “Bindas (Sai Palace)” bar. Police alleged that women were performing obscene dances at the bar, and the petitioners were found present during the raid.

They were charged under provisions of the Indian Penal Code, Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women Act, 2016, and the Maharashtra Police Act.

Advocate Sana Raees Khan, appearing for the petitioners, argued that there were no allegations of active participation or misconduct against them and that they were simply customers. Public prosecutor Prajakta Shinde, representing the state, countered that their names figured in the FIR and chargesheet.

The bench held that none of the offences were attracted, noting there were no claims that the petitioners indulged in obscene acts, showered money, misbehaved with women, or violated licensing rules. The court said continuing proceedings would be an abuse of process, and accordingly quashed the case against the four.

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Court Calls Continuation an Abuse of Process

“No case is made out against Petitioners about the alleged offences, even if the FIR and other material on record is accepted. The name of Petitioners are merely mentioned in the FIR and Panchnama as a customer and therefore, the Petition deserves to be allowed,” the bench said while quashing the FIR.