Karnataka High Court
Dr. Prashant Dev T vs State Of Karnataka on 6 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:44741
WP No. 22273 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 22273 OF 2024 (GM-RES)
BETWEEN:
DR. PRASHANT DEV T.,
AGED ABOUT 43 YEARS,
S/O THANKAPPAN,
RESIDING AT F2, NO.2
PRAVIRS RESIDENCY
3RD CROSS, KHB MAIN ROAD,
SULTANPALYA
R.T.NAGAR,
BENGALURU - 560 032.
...PETITIONER
(BY SRI SHANTHI BHUSHAN H., ADVOCATE)
AND:
Digitally signed 1. STATE OF KARNATAKA
by NAGAVENI
THROUGH, SUB-INSPECTOR OF POLICE
Location: HIGH
COURT OF SADASHIVANAGAR POLICE STATION,
KARNATAKA
REPRESENTED BY
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SMT.DURGA R.,
POLICE INSPECTOR
AGED ABOUT 42 YEARS,
WOMEN PROTECTION WING
CCB,
-2-
NC: 2024:KHC:44741
WP No. 22273 of 2024
BENGALURU
KARNATAKA - 560 001.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE
PROCEEDINGS IN C.C.NO. 1846/2023 ON THE FILE OF 39TH
ADDL. CMM COURT, BANGALORE FOR THE OFFENSES
PUNISHABLE UNDER SECTIONS 3, 4, 5 AND 6 OF IMMORAL
TRAFFIC PREVENTION ACT, 1956 AND SECTION 370 OF
INDIAN PENAL CODE IN CONNECTION WITH CRIME NO.
138/2022 SADHASHIVANAGAR POLICE STATION, AS FAR AS
THE PETITIONER/ ACCUSED NO. 1 IS CONCERNED, VIDE
ANNX-C.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioner is before this Court calling in question proceedings in C.C.No.1846 of 2023 registered for offences punishable under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and Section 370 of the IPC. -3-
NC: 2024:KHC:44741 WP No. 22273 of 2024
2. Heard Shanthi Bhushan H, learned counsel appearing for petitioner and Sri B N Jagadeesha, learned Additional State Public Prosecutor appearing for respondents.
3. The petitioner by profession is an orthopedic surgeon, develops interest in Ayurveda, seeks to set up an ayurvedic massage centre. Leaves it to function at the hands of other accused. The independence given to other accused to run the show, lands the petitioner in the impugned crime for offences afore-quoted. The police conduct investigation and file a charge sheet. The petitioner was not the one who was drawn into the proceedings at the time of registration of the crime, as the search conducted brought out only one accused by name Heera Khan. The petitioner is drawn as accused No.1 while filing the final report.
4. Though the submissions of the petitioner to the effect of legal lacunae in the case at hand did not merit any acceptance, the learned counsel for the petitioner Sri Shanthi Bhushan H., has placed on record an affidavit of the petitioner who undertakes that he will not look at Spa henceforth. Since -4- NC: 2024:KHC:44741 WP No. 22273 of 2024 he is a doctor by profession, an orthopedic surgeon and also practices physiotherapy, permitting further proceedings against him for allegations which he was not aware of and also his loss to the society if being permitted to be tried, I deem it appropriate to accept the affidavit of the petitioner, as a one of solution to a one of problem and obliterate the crime against the petitioner. The affidavit reads as follows:
"AFFIDAVIT I, Dr. Prashanth Dev T., Aged 43 years s/o Thankappan, r/a F2, No.30 Pravirs Residency, 3rd Cross, KHB Main Road, Sultanpalya, RT Nagar, Bangalore - 560032 do hereby affirm and state on oath as follows:
1. I state that I am the petitioner and the above case, and I am aware of the facts and circumstances of the case.
2. I state that I am an orthopedic doctor by profession and I am practicing as a doctor for 20 years, I practice orthopedic along with physiotherapy for patients who seek physiotherapy massage for relief from their ailments
3. I state that on 5/9/2022 the second respondent the police lodged a complaint before the first correspondent alleging that upon conducting a raid at the spa and found that the staff and the therapist were indulging in unlawful and illegal activities therefore a crime came to be registered under 0138/2022 for the offenses punishable under section 3, 4, 5, 6 Immoral Trafficking prevention act read along with370 of IPC.
4. I state that the 1st respondent Police in furtherance of a FIR registered by first respondent filed a -5- NC: 2024:KHC:44741 WP No. 22273 of 2024 charge sheet in CC number 1846/2023 pending on the file of 1st ACMM Court, Bangalore.
5. I state that at no point of time neither me nor my staff had any intention to indulge in the activities as has alleged in the charge sheet
6. I state that the intention of running this spa was to treat the patient by way of orthopedic physiotherapy massage.
7. I state that upon the respondent fostering the false complaint against me. I intend to shut down the entire operation of the physiotherapy spa and I have shut down the spa as and when I got to know that the Respondent Police has raided the above said physiotherapy spa.
8. I state that even though I was not arrayed as an accused in the FIR I was wrong arrayed the charge sheet as accused.
9. I state that I have been falsely arrayed as an accused in the above case with an intention of illegal motive.
10. I state that if the instant petition is not allowed, I will be put to irreparable hardship.
11. I state that I will abide by any conditions that this Hon'ble Court would impose."
In the light of the undertaking in the affidavit and for the reason that the petitioner's usefulness to the society should not get eroded, I deem it appropriate to accept the affidavit of the petitioner and obliterate the proceedings. -6-
NC: 2024:KHC:44741 WP No. 22273 of 2024
5. For the aforesaid reasons, the following:
ORDER
(i) Writ Petition is disposed.
(ii) Proceedings in C.C.No.1846 of 2023 pending on the file of 39th Additional CMM Court, Bangalore, stand quashed qua the petitioner.
Sd/-
(M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 13