Mahesh Hebbar @ Mahesh vs The Station House Officer on 17 December, 2015

[Cites 8, Cited by 2]

Karnataka High Court

Mahesh Hebbar @ Mahesh vs The Station House Officer on 17 December, 2015

Bench: Rathnakala

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF DECEMBER, 2015

                       BEFORE

        THE HON' BLE MRS. JUSTICE RATHNAKALA

        WRIT PETITION NO.56504 OF 2015 (GM-RES)

BETWEEN:

MAHESH HEBBAR @ MAHESH
SON OF MR.V.S.HEBBAR
AGED ABOUT 40 YEARS
RESIDING AT NO.U-004, MANTRI PARADISE
BANNERGHATTA MAIN ROAD
BANGALORE - 560 076.                  ...PETITIONER

(BY SRI AJESH KUMAR S., ADV.)

AND:

THE STATION HOUSE OFFICER
BANASWADI POLICE STATION
BANGALORE - 560 033.                 ...RESPONDENT

(BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP.)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF
THE CRIMINAL PROCEDURE CODE, 1973 PRAYING TO QUASH
THE FIRST INFORMATION REPORT IN CRIME NO.0280
DTD.9.6.2011 REGISTERED BY THE R-1 POLICE VIDE ANNEX-
A AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                    2




                               ORDER

Learned Addl. SPP takes notice for respondent. The petitioner herein is charge sheeted along with co- accused for the offence punishable under Sections 3,4,5 and 7 of the Immoral Traffic (Prevention) Act, 1956 (for brevity, Act). He is arrayed as accused No.4. The allegation against him is he was customer of brothel when the IO conducted the place of occurrence.

2. On a reading and understanding of the Act of Section 3 of the Act is about punishment for keeping a brothel or allowing premises to be used as a brothel, Section 4 of the Act pertains to punishment for living on the earnings of prostitution, Section 5 of the Act is about procuring, inducing or taking (person) for the sake of prostitution, Section 7 is in respect of Prostitution in or in the vicinity of public places.

3. The petitioner, who is alleged to have been found in the brothel, does not fall within definition of prostitution as contemplated under Section 2(f) of the Act, and no offence under the above Act can be made out against him. His 3 prosecution is illegal and allowing the criminal proceedings to continue against him is pure abuse of process of law.

Petition is allowed. The proceedings in CC No.851/2013, on the file of the Immoral Traffic Court, Bangalore, in so far as the petitioner is concerned, is quashed.

Registry not to publish the name of the petitioner.

Sd/-

JUDGE JTR

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