FIR NO 34 OF 2023. INDECENT BEHAVIOUR SECTION 109, 114 AND 294 INDIAN PENAL CODE SAMTA NAGAR POLICE STATION

FIR No- 34 of 2023

SAMTA NAGAR, KANDIVALI (EAST), MUMBAI POLICE STATION.

SECTION – IPC – 109/114/294

Complainant: Rahu Popat Dhadas

Address:  D/09/15, Marol Police Colony, Andheri East, Mumbai-59  

 Sections invoked: Section 109, 114, 294 of the Indian Penal Code

First Information Report: C R No 34 of 2023, Samta Nagar Police Station, Kandivali East, Mumbai 400101

Date: January 14, 2023

Accused:  

Sr. No Name of the Accused Address, description of the Accused
1Chandranna Kunjanna ShettyJ/ G, 29, Ganesh Galli, Hanuman Nagar, A.R. Budh Vihar, Hanuman Nagar, Kandivali East, Mumbai 101.   Age – 41 Years
2Bar Girl No 1Address and Description Withheld
3Bar Girl No 2Address and Description Withheld
4Bar Girl No 3Address and Description Withheld
5Bar Girl No 4Address and Description Withheld
6Mahesh Narayan Yadav06, Navrangwadi, Hanuman Nagar, Akurli Road, Kandivali East, Mumbai 101 Age-32 Years
7Krishna Rampati Yadav, Age-35 Years, Business, R.T.-Bhim Nagar, Behind Nalanda Buddha Vihar, Damu Nagar, Kandivali East, Mumbai 101 Age-35 yrs
8Kamlesh Kushe PaswanNavarangwadi, Hanuman Nagar, Akurli Road, Kandivali East, Mumbai 101. Mo. No.-9987348573 Age-37 yrs
9Vijay Bahadur Mishra  Anchal Bar and Restaurant, Mahindra Yellow Gate, Navrangwadi, Hanuman Nagar, Akurli Road, Kandivali East, Mumbai.  Mob. No. – 99679410962 Age-35 yrs
10Chandrakumar Ashok Prasad GuptaGanesh Deval Nagar, Janta Nagar Road, Near Potdar School, Bhaidar West, Thane. Mobile No. – 9324263853   Age-36 yrs

The gist of the Complaint: Translated from Marathi to English on best effort basis.

The Complainant, aged 32 years, resides with his family at the address as mentioned above.

The Complainant joined the Mumbai Police Force as a Police Constable in the year 2011 and has been on duty at Samata Nagar, Kandivali Police Station since 2018, and currently doing general duty.

On 13/01/2023 the Complainant reported for duty at 09.00 AM as he had the day shift. The Complainant was assigned by the seniors to monitor Hotel & Bar establishment (Aanchal Bar and Restaurant, Mahindra Yellow Gate, Navrang Wadi, Hanuman Nagar, Akurli Road, Kandivali East, Mumbai 400101 to ensure that no untoward incident takes place in the bar establishment.

The Complainant appeared at the said Bar at 9.30 pm. The Complainant checked, whether all the rules are followed in running the bar.  On 14/01/23 at around 12.30 AM, after sensing some chaos on the road and when the Complainant came out of the bar establishment, but then returned after some time, the Complainant heard loud music from inside and he immediately went to the main hall of said bar establishment.

The Complainant’s eyes caught 04 women making ugly & seductive gestures, and the manager, cashier, employees, and customers are encouraging the Bar Girls to approach and touch them inappropriately.

The Complainant immediately informed the night shift supervisor Inspector Mr. Ganesh Pawar. In some time, P.I Ganesh Pawar, P.S.I Shinde, P.S.I Vanve, P.S.I. Kolapkar, Police Nayak No. 081287/ Nanaware, Police Nayak 0501125/ Sangle, Sepoy 1414831/ Zimbal and Panchas came to the place, then Complainant told them all the facts.

When I, the team, and the Panch (Witness) conducted a raid in the said bar establishment, in the main hall on the ground floor, they saw, on the beat of the orchestra music, a total 04 Bar Girls in provocative clothes were standing in front of the customers, making obscene gestures and approaching and touching them. They saw some customers rejoicing with the said acts, and thus throwing Currency notes on them, and at the same time 01 male waiter in the said bar were collecting notes and 01 male waiter were serving them, the male waiters were also participating in the act and encouraging bar girls to approach the customers, as some Customers were paying through tips to the waiters.

Bargirls did not serve alcohol, soft drinks, and snacks to any Customer. Inspector Ganesh Pawar asked the person who was singing to stop singing and asked everyone in the hall to stop where they were. When asked the name to the person standing in the said bar, he said his name as Mr. Chandraanna Kunjanna Shetty, and that he is the manager and cashier of the said bar.

Then Mr Ganesh Pawar gave identification of all the team members in plain clothes and in uniform and further explained the purpose of coming there.

At the same time, the manager/ cashier was asked to take search all the police team members if required, but Manager refused to search them.

Bar Manager and Cashier (ChandraAnna Kunjanna Shetty) was asked about his name and address before Panchas (Witnesses), to which he gave details as described above.  

P.S.I Shinde searched the cashier present at the cash counter and the drawer of the cash counter before the Panchas (Witnesses), a total cash amount of Rs.4,420/- (including 06 notes of Rs. 500/-, 13 notes of Rs. 100/- and 06 Indian currency notes of Rs. 20) was found in the search. The amount was then taken into custody by packing the same in a khaki-colored envelope in front of the Panchas (Witnesses) and sealing it with a paper label of the Panchas (Witnesses) and the police.

After that, 04 bargirls (Name Withheld) who were misbehaving on the rhythm of the orchestra’s music in the said hall, were approached by Mr. Kolapkar, they gave their names & address as detailed above.

Then counting of the Indian currency notes lying on the open space in front of the stage, was done, a total of 50 notes of Rs.20/- amounting to Rs.1,000/-. The cash lying on the said land was put in a wallet by the police and sealed, with a paper label of the police and the panchas (Witnesses). A total of 02 packets were seized.

In the same way, the Customers who are encouraging the evil act of Bar girls in the said bar were asked for their names and addresses before the Panchas (Witnesses), they ( Mahesh Yadav, Krishna Yadav, Kamlesh Paswan) gave their  details as tabulated above.,

When Steward/ Waiter asked for their names before the Panchas (Witnesses), they gave their names as tabulated above. (i.e. Vijay Mishra, & Chandrakumar Gupta)   

Bar Manager/ Cashier ChandraAnna was questioned before the Pancha (Witness) regarding the license of the establishment, he produced the photocopies of the license of the establishment. When it was inspected, all the documents were found to be valid, but the investigators seized the shadow copies of the said documents. Chandraanna Shetty has submitted the xerox copies of the power attorneys in which it appears that the Bar has been taken to run by Bindesh Sitaram Gupta.

Therefore, In the said action the police detained 04 Bargirls who were found making obscene gestures and 1 Manager/ Cashier, 02 Steward/Waiters, and 03 customers and the total amount of cash seized were Rs.5,320. /- and along with the documents of the establishment. The owner of the said establishment was not present there, hence not taken into custody.