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Judgment
Heard the learned counsel for the petitioners.
Petitioners are respectively arraigned as accused Nos.9, 16 and 54. The petition allegations are that on 21.08.2014, when the respondent-police raided the 'Casino Royal Bar & Restaurant' situated at 5th
Main, Gandhinagar, the police found that, accused Nos.1 to 7 and 9 to 11 who were working in the said Bar have conspired together and brought CWs.4 to 39 (girls) for the purpose of wrongful gain and without any dress code, the said girls have been used by the above said accused persons for their wrongful gain. Accused Nos.12 to 62 are the customers who were present in the said restaurant at that particular point of time enjoying the situation. The learned counsel for the petitioners submitted that, the above said acts of the accused have been covered by the decision, where this court has quashed the proceedings, so far as the customers are concerned.
On perusal of the above said facts and circumstances, serious allegations are made against accused Nos.1 to 7 and 9 to 11. Though they were working there, whether they knew that the said transactions are taking place in the said restaurant and bringing CWs.4 to 39 for their wrongful gain, whether they actually participated and had engaged in the work there and inspite of such knowledge they were working there for their wrongful gain, are the facts, have to be considered during the course of framing of charges or at the time of the trial, as the case may be.
Under the above said circumstances, I am of opinion that the petition deserves to be allowed so far as petitioners 2 and 3 are concerned and liable to be dismissed so far as petitioner No.1 is concerned. Hence the following:
ORDER
The petition is allowed and all further proceedings are quashed so far as petitioner Nos.2 and 3 are concerned, who are arraigned as accused Nos.16 and 54, who are said to be the customers.
However, petitioner No.1 is permitted to raise his contention that he was nowhere connected with the said acts of other accused and plead for discharge before the trial Court.
In that eventuality, the trial Court has to consider the entire charge-sheet papers and pass appropriate order in accordance with law, if plea of the Accused is not yet recorded.