Ritz Carlton Hotel vs State of Karnataka

Anand Byrareddy, J.—Heard the learned counsel for the petitioner and the learned Government Pleader.

The defacto complainant is said to have reported to the police that the petitioner which is engaged in the Hospitality Industry, has a business in the name and style of "Ritz Carton Hotel" on the Fifteenth Floor of a building. It is alleged that at 11.30 p.m. on 6.8.2016, loud music was being played at the Hotel, which was disturbing the people in the neighbourhood, who are said to have lodged a complaint against the petitioner, in respect of which proceedings have been initiated by the police.

On the police having conducted a raid and having seized music equipment which was said to be the source of the loud music, thereafter have registered an FIR alleging offences punishable under Sections 37, 92(1) and 109 of the Karnataka Police Act, 1963 as well as under Section 15 of the Environment (Protection) Act, 1986. It is in this background that the petitioners are before this court.

It is contended that the hotel premises is a high end hotel premises and the allegation that loud music was emanating from the premises, is false and incorrect. The premises is sound proofed and no sound emanates from within and no outsider could have been disturbed by the music that was being played. It was on the malafide instigation of a neighbouring competitor that action has been taken. The action is vitiated on account of the fact that the offences alleged are non-cognisable in nature and the police having conducted a raid and search even prior to filing of the FIR, is illegal. Secondly, there is non-compliance with Section 14 of the Environment (Protection) Act, 1986 in invoking Section 15 thereof and therefore, the petitioner seeks that the proceedings be quashed.

The learned Government Pleader does not seriously dispute the legal position that in respect of non-cognisable offences, the police are not enabled to conduct a raid and search even before lodging an FIR. In that background, the petition is summarily allowed. The proceedings in Crime No.300/2016 pending on the file of the Metropolitan Magistrate (Traffic Court-1), Mayohall, Bangalore, stands quashed.

The seized articles shall be released in favour of the petitioner, forthwith.