A D.C. Superior Court judge yesterday dismissed D.C. criminal tax-evasion charges against Harold J. O'Brien, whose businesses here include an outcall message operation and photocopying service.

Judge John G. Penn said he was dismissing the charges at the end of the D.C. government's case because O'Brien had not been clearly put on notice to file sales tax payments by any particular date, according to persons who attended the hearing.

In addition, Penn said, there was no statutory deadline by which O'Brien had to make the payments to the city government.

The charges against O'Brien involved his photocopying operation and his failure to pay the sales taxes on that business by Jan. 19, 1976.

The corporation counsel's office said it has already filed new sales tax-related charges against O'Brien based on different statutes that do include specific payment deadlines.

Assistant D.C. corporation Counsel Melvin Washington said O'Brien will be arraigned on Dec. 5 on local income-tax charges as well.

O'Brien, who in the past has explained that he leases his property and avoids bank accounts to stay clear of tax liens and other enforcement measures said all of his businesses are legal.

His "outcall" massage service is advertised in the yellow pages of the telephone book and involves the sending of women to designated hotel rooms these women are "independent contractors" rather than employees, and that they carry telephone paging units so he can contact them when they are not near a telephone.