Karnataka High Court
Sayjai Buakhiao D/O Thabuakiao ... vs The State Of Karnataka on 13 January, 2021
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
CRL.P. NO.101388 OF 2020
BETWEEN:
SAYJAI BUAKHIAO D/O BONCHAN BUAKHIAO
AGED ABOUT 41 YEARS, KUSUGAL ROAD,
AKASH PARK, KESHWAPURA, HUBLI-580023.
...PETITIONER
(BY SRI.H. SHANTIBHUSHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HUBBALLI SUB-URBAN POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. FOREIGNERS REGIONAL REGISTRATION OFFICER
5TH FLOOR, A BLOCK, TTMC,
BMTC BUS STAND BUILDING,
KH ROAD, SHANTI NAGAR, BENGALURU-560027.
REP. BY ADDL. SOLICITOR GENERAL,
GOVERNMENT OF INDIA.
...RESPONDENTS
(BY SRI.PRAVEEN K UPPAR, HCGP FOR R1)
(BY SRI. MRUTYUNJAY TATA BANGI, CGSC FOR ARUN JOSHI,
ADV. FOR R2)
2
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C.
PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONER IN CRIME NO.100/2019 REGISTERED BY HUBLI SUB-
URBAN POLICE STATION, HUBLI-DHARWAD (RESPONDENT NO.1)
AS CC NO.154/2020 FOR OFFENCE PUNISHABLE UNDER SECTION
14(b) OF FOREIGNERS ACT, PENDING ON THE FILE OF HON'BLE
PRINCIPAL CIVIL JUDGE AND JMFC, HUBLI, HUBBALLI-DHARWAD.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This is a petition filed under Section 482 of Cr.P.C. calling in question the proceedings initiated pursuant to CC No.154/2020 on the file of the learned Prl. Civil Judge and JMFC, Hubballi for offence punishable under Section 14(b) of the Foreigners Act, 1946 (for short, 'Act').
2. Brief facts are that, on 30.08.2019 when PSI (Law and Order), Sub-urban Police Station, Hubballi was on patrolling duty with his staff, he received an information that in "Fine Apple Unisex Salon and Spa", situated at Pinto road, owner of the said establishment was using some women for commission of offences under the provisions of Immoral Trafficking (Prevention) Act, 1956 (for short, 'ITP Act')and trafficking in women etc. 3 and offering sexual gratification to the customers for consideration. He registered the case in Crime No.99/2019 for the offences punishable under Sections 370 read with Section 34 of IPC and Sections 3(1), 4(2) and 5(a) of the ITP Act against the owner of the 'Spa' etc. Pursuant to the same, raid was held on the premises of 'Fine Apple Unisex Salon and Spa' situated at Pinto road, and at that time, some incriminating articles were seized and the petitioner herein was found in that premises. Thereafter, the case in Crime No.100/2019 was registered against the petitioner herein for offence punishable under Section 14(b) of Foreigners (Amendment) Act, 2004. After investigation, charge sheet came to be filed for offence punishable under Section 14(b) of the Act and after hearing, the learned trial Court framed the charges against the petitioner herein for offences punishable under the said provision of law.
3. I am informed that the trial also commenced and some witnesses have been examined. At that stage, the 4 petitioner-accused has filed the present petition under Section 482 of Cr.P.C. challenging the legality of the proceedings in CC No.154/2020 before the Prl. Civil Judge and JMFC, Hubballi and by virtue of the interim order passed, proceedings before the trial Court has been stayed.
4. Learned counsel for the petitioner/accused submits before me that there is absolutely no ground to proceed against the petitioner and there is no prima facie case made out for offence under Section 14(b) of the Act. He submitted that apart from the statements of witnesses, there is absolutely no material to show that the accused/petitioner has committed an offence alleged against her. He also submitted that after securing the tourist visa, she was in India in a legitimate manner, and the police have foisted a false case against her due to which she is stranded in this country and on the basis of such charge sheet, if she is made to undergo trial, miscarriage of justice will ensue. Therefore, this Court 5 should exercise the power under Section 482 of Cr.P.C. and quash the proceedings initiated against the petitioner.
5. Learned HCGP appearing for respondent No.1- State and Sri. Mrutyunjaya Tata Bangi, learned CGSC appearing for respondent No.2, per contra, submitted before me that perusal of the charge sheet papers would show that there is clear case made out against the petitioner for offence punishable under Section 14(b) of the Act and therefore, quashing of the charge sheet will result in grave miscarriage of justice and petition should be dismissed. In this behalf, they drew my attention to the statements of various witnesses recorded during the course of investigation namely, CW4-PSI, CW5 and 6- panch witnesses to the raid, CWs7 to 13- Police Constables and Women Constables associated in the raid and also CW17-a Customer who was found with accused/petitioner indulging in illicit sexual activity.
6. Learned counsel also drew my attention to the statements of various witnesses recorded during the 6 course of investigation which show that incriminating materials like packets of condoms and torn condoms were also found in the room where the present petitioner was found with C.W.17 with hardly any clothes on them. It was further contended on behalf of the respondent/state that the material produced in the charge sheet papers prima-facie show that the petitioner who was on tourist visa in India and in terms of the said visa, she was prohibited from doing any work in the country or being employed in a venture like 'Fine Apple Unisex Salon and Spa' where she was providing sexual gratification to the customers in the guise of physical massage. It was, therefore, submitted that the petition is not liable to be allowed and on the other hand it is required to be rejected.
7. I have given my anxious consideration to the submissions made on either sides and I have perused the charge sheet papers carefully. A perusal of the charge sheet papers discloses that the PSI of Sub-urban Police Station, Hubballi had received credible information that on 7 Pinto road of Hubballi town, a massage centre in the name of 'Fine Apple Unisex Salon and Spa' was being run and the said premises was being used for sexual trafficking etc., Accordingly, raid was held and at that time the present petitioner was found in the premises along with C.W.17 in a compromising position and incriminating materials like condoms etc., were seized there. The passport and visa of the petitioner, who is a national of Thailand discloses that she was on a tourist visa and therefore, she was not permitted to accept any employment or involve herself in any other profession or trade. The statements of various witnesses recorded viz., C.W.4 to C.W.17, the customer and also statement of C.W.18, who was co-employee in the said Spa clearly show that the present petitioner was providing her services in 'Unisex Fine Apple Salon and Spa'. Under such circumstances, it cannot be said that the charge sheet filed against her for offence punishable under section 14(b) of the Act is either groundless or there is no case to go for trial. As a matter of fact, there is no progress in 8 the trial before the Trial Court and it is held up only on account of interim order of stay earlier granted by this Court in this case. Taking into consideration the materials available in the charge sheet papers, I am of the view that there is no ground whatsoever to quash the same and this petition being devoid of merits is liable to be dismissed. Hence, the following:
ORDER The above petition is dismissed. The learned Trial Court shall decide the case uninfluenced by any of the observations made herein.
In view of the above order, pending applications, if any, do not survive for consideration, and hence, they are disposed of.
Sd/-
JUDGE JTR/Yan