Mumbai: The Bombay High Court recently ruled that simply naming a person in an FIR or chargesheet is not enough to prosecute them without supporting material. The ruling came as the court dismissed proceedings against a 48-year-old businessman who was booked after police raided a bar for alleged obscene dance performances in 2019.
The bench of Justices A.S. Gadkari and Rajesh Patil heard the petition filed by the businessman, who was charged under the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016. Police had conducted a raid on August 1, 2019, at a bar run by one Pravin Shetty, alleging that obscene dances were being performed. The petitioner happened to be present as a customer at the time.
Representing the petitioner, Advocates Rahul Yadav and Rajesh Khobragade argued that there were no specific accusations against him, and that even if all evidence was taken at face value, it failed to establish any offense.
On the other hand, Additional Public Prosecutor Kiran Shinde contended that the petitioner’s name was cited in the FIR and was also recorded in the chargesheet as someone present at the scene.
However, after carefully examining the records, the bench noted that while some sections of the 2016 Act applied only to bar owners, managers, or their agents, the petitioner was simply a customer. The judges emphasized that there was nothing to show that the petitioner had acted inappropriately — such as showering money on dancers or misbehaving with any woman — nor was there any indication that he had physically interacted with any woman during the raid.
“In our view, merely mentioning the petitioner’s name in the FIR and chargesheet is insufficient. The record lacks credible evidence to satisfy the requirements of the Act,” the judges held.
Stating that the petitioner was simply listed as one of the customers present at the bar, the bench quashed the FIR and all proceedings against him in the Bandra Magistrate’s Court.
