(Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
State of Maharashtra ________________________________ Appellant;
v.
Vinay Kumar and Others ________________________ Respondent(s).
Criminal Appeal Nos. 1766-1770 of 2017 [@ Special Leave Petition (Crl.) Nos. 8346-8350 of 2011], decided on October 10, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel for the parties and perused the record.
3. The respondents herein are said to be the senior officers of the Custom Department, Government of India. It is alleged that on 26.08.2008 they were found in drunken condition watching obscene film in the company of bar girls. Accordingly, criminal complaint was filed against them. The High Court has quashed the said complaint by holding that the place where the respondents were found was not a public place.
4. The view taken by the High Court is not sustainable as the place in question was certainly a public place even though a private guest house in which the alleged misdemeanour of the respondents was found.
5. In view of above, we allow these appeals and set aside the impugned order and restore the criminal proceedings. The amount of cost may be returned to the State.
6. By order dated 20th January, 2015, we observed that it may be ascertained by the appellant as to what departmental action has been taken for the alleged misdemeanour. From the affidavit filed, it is stated that only a warning was given and no further action was taken against them.
7. We direct the Authorities to take such further appropriate action as may be warranted on the allegations levelled against the respondents in accordance with law. For this purpose, matter may be put before appropriate higher authority for directions.
8. A copy of this order be sent to the Secretary,
9. Revenue Department, Government of India, who may assign a suitable higher officer to look into the matter.
Petition(s) for Special Leave to Appeal(Crl.) No(s). 8346-8350/2011
State of Maharashtra ______________________________ Appellant
v.
Vinay Kumar and Others _________________________ Respondent(s)
(FOR CONDONATION OF DELAY IN FILING ON IA 18999/2011
FOR CONDONATION OF DELAY IN REFILING ON IA 19004/2011
FOR EXEMPTION FROM FILING O.T. ON IA 21548/2011)
Date: 10-10-2017 These matters were called on for hearing today.
(Before Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
For Petitioner(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. Arpit Rai, Adv.
For Respondent(s) Ms. Praveena Gautam, AOR
Mr. Sanjay Kumar Visen, AOR
UPON hearing the counsel the Court made the following
ORDER Leave granted.
10. Delay condoned.
11. The appeals are allowed in terms of the signed order.
12. Pending application(s), if any, shall also stand disposed of.
———
