Karnataka High Court
Sri. Patrick vs State Of Karnataka on 27 April, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 27TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.3543 OF 2017
BETWEEN:
1. Sri.Patrick,
S/o Josh,
Aged about 36 years
R/o No.142, T.C.Palya,
1st Cross, Anandhpuram,
K.R.Puram,
Bengaluru - 560 036.
2. Sri.Patan Manjur @ Manjur Basha,
S/o Mashan Sheb
Aged about 32 years,
R/o.No.3-8-31, West Street,
Sydapuram, Mandalam
Nellore District
Andra Pradesh - 524 407.
3. Sri.Chandra Mohan @ Rama Mohan,
S/o Shankarappa,
Aged about 38 years,
R/o: No.15-7-54, Boyapet,
Hinudpur, Ananthpur District
2
Andra Pradesh - 515 201.
...PETITIONERS
(By Shri. Bharath Kumar.V, Advocate)
AND:
1. State of Karnataka,
Through Station House Officer,
Banaswadi Police Station,
Bengaluru - 560 043.
Represented by
State Public Prosecutor
Hon'ble High Court of Karnataka,
Bengaluru - 560 001.
2. Inspector of Police,
City Crime Branch,
Women and Narcotics Drug Spuad,
Bengaluru - 560 025.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional
State Public Prosecutor)
*****
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, praying to quash the FIR
bearing No.502/2016 dated 04.10.2016 along with the
information dated 04.10.2016 registered with the respondent
Banaswadi P.S., for alleged offences under Section 370 of IPC
and Section 3, 4, 6 of Immoral Traffic (Prevention) Act as
against the petitioners alone (Annexured vide Annexure-A and
A1 and etc.
3
This Criminal Petition coming on for Admission this day,
the court made the following:
ORDER
Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor.
2. The petition coming on for admission, is considered for final disposal. The petitioners are said to have been arrested on the allegation that on credible information, a raid was conducted on a certain premises which was alleged to be a brothel and on such raid, it is alleged that incriminating material was found. The said premises was alleged to be a Massage Parlour and it transpires that on the allegation that it was camouflaged for a brothel, police claim to have rescued four women apart from six men. On suspicion that those men were indulging in sex with the women, incriminating material such a condoms and cash was said to have been seized. It is on that allegation that the petitioners are arrayed as accused for 4 offences punishable under Sections 3, 4 and 6 of the Immoral Traffic (Prevention) Act, 1956.
3. It is noticed that these provisions cannot implicate the petitioners at all, as the tenor of the sections does not include the alleged customers of the alleged prostitutes.
Accordingly, the petition is summarily allowed and the proceedings initiated against the petitioners in Crime No.502/2016 on the file of the XI Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, stands quashed.
Sd/-
JUDGE KS