FIR For Cognizable Offences Must Be Registered Before Conducting Investigation/ Raid: Karnataka High Court Quashes Case Against Dance Bar

A single judge bench of Justice Hemant Chandangoudar quashed the proceedings initiated against P.N.Chandrashekar, partner of Brigade Blues Bar and Restaurant and other employees.

The bench relied on the Supreme Court judgment in the case of Lalitha Kumari vs. Government of Uttar Pradesh and others (2014) 2 SCC 1 and said, "The right of the accused under Article 21 of the Constitution is protected, if the FIR is registered first and then the investigation is conducted in accordance with the provisions of law."

As per the FIR lodged by the Sub-Inspector, Cubbon Park Police Station alleging that on 09.05.2016 on receiving credible information, the Police Personnel conducted a raid on the Brigade Blues Bar and Restaurant and it was found that the girls were dancing in an indecent manner and the customers were throwing money on them. It is further alleged that accused No.1 is the cashier/partner of the bar and restaurant, accused No.2 is a person who would supply material necessary for ladies, accused No.3 is the person who receives the order, accused No.4 is the bar man and accused No.5 is the waiter.

The Police after investigation submitted the charge sheet for the offences punishable under Sections 370(3), 370A(2), 294 and 109 of IPC.

Advocate Gireesha JT, appearing for the petitioners submitted that offences alleged against the petitioners in the charge sheet are cognizable and as such the Police before conducting the investigation were required to register the FIR. However, in the present case, the Police have conducted the investigation without registering FIR against the petitioner-accused and the same is without authority of law.

The prosecution said the charge sheet material discloses that the petitioners-accused have committed the aforesaid offences and the learned Magistrate has rightly taken cognizance of the aforesaid offences.

Following which the court said, "In the present case, no explanation is offered stating that due to exigency the FIR was not registered before conducting the raid. Hence the registration of FIR after conducting the raid is not permissible in law."

Case Title: P.N.CHANDRASHEKAR v. STATE OF KARNATAKA 

Case No: CRIMINAL PETITION No.7589/2019

Citation: 2022 LiveLaw (Kar) 264

Date of Order: 28TH DAY OF JUNE, 2022

Appearance: Advocate GIREESHA J T for petitioners; HCGP S.VISHWAMURTHY for R1.

Click Here To Read/Download Order