Kerala High Court
Pranav.P.M vs State Of Kerala on 20 November, 2019
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941
Crl.MC.No.4852 OF 2019(F)
AGAINST THE ORDER/JUDGMENT IN CC 1910/2014 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KANNUR
CRIME NO.809/2014 OF Kannur City Police Station, Kannur
PETITIONER/S:
1 PRANAV.P.M.
AGED 25 YEARS
S/O.RADAKRISHNAN, VANNARATH HOUSE, MAILATHTHADAM,
P.O.AZHEEKODE, KANNUR.
2 NIJAS ABDULLA
AGED 35 YEARS
S/O.ABDULLA, CHEPPILETT HOUSE, PUNNAKKAPPARA,
AZHEEKODE SOUTH, KANNUR.
BY ADV. SRI.K.RAJESH SUKUMARAN
RESPONDENT/S:
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
OTHER PRESENT:
SMT.M.K.PUSHPALATHA P P
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
20.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4852 OF 2019(F) 2
O R D E R
Dated this the 20th day of November 2019 Petitioners are accused 1 and 3 in C.C. No.1910/2014 on the files of the Judicial First Class Magistrate Court No.II, Kannur for having allegedly committed offences punishable under Sections 3, 4 (1), 5 (1) (a) and 7 of Immoral Traffic (Prevention Act)) 1956 (for short 'ITP Act').
2. The 2nd accused had earlier approached this Court by filing Crl.M.C.No.790/17 challenging the prosecution on the basis of the infirmity in complying with Section 13(1) of the ITP Act. It is seen that investigation was conducted and final report was submitted by a Sub Inspector of Police, Kannur City Police Station, who according to Section 13(1) of the ITP Act is not a Special Police Officer. Finding favour with this argument this Court allowed the Crl.M.C. and the proceedings as against the 2nd accused was quashed under Section 482 of Cr.P.C. The findings in this Court's order in Crl.M.C. 790/2017 at Annexure A2 applies to the petitioners herein as well. Crl.MC.No.4852 OF 2019(F) 3
In the result, this Crl. M.C. Is also allowed. Entire proceedings in C.C. No.1910/14 as against the petitioners/ accused 1 and 3 stands quashed and the accused are discharged.
SD/-
ASHOK MENON
rmm JUDGE
Crl.MC.No.4852 OF 2019(F) 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 SERVED COPY OF THE FIRST INFORMATION
REPORT ALONG WITH THE FIRST INFORMATION STATEMENT AND THE CHARGE FILED IN CRIME NO.809/2014 OF KANNUR CITY POLICE STATION.
ANNEXURE A2 ORDER DATED 5.2.2019 IN CRL.M.C.790/2017.