Karnataka High Court
Sri Gururaj @ Guruprasad vs State Of Karnataka on 7 January, 2022
Author: K.Natarajan
Bench: K.Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.10277/2021
BETWEEN
SRI GURURAJ @ GURUPRASAD
S/O RAM
AGED ABOUT 37 YEARS
R/ANO 406, 1ST MAIN ROAD
SRINIVASA LAYOUT
D C HALLI MAIN ROAD
HONGASANDRA
BENGALURU - 560 045. ... PETITIONER
(BY SRI PRAKASHA K V, ADVOCATE)
AND
STATE OF KARNATAKA
BY MICO LAYOUT POLICE STATION
BENGALURU
REPRESENTED BY S.P.P
HIGH COURT COMPLEX
BENGALURU - 560 001. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN
C.C.NO.21987/2015, ARISING OUT OF CR.NO.480/2015 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 3,4,5 AND 7 OF THE
IMMORAL TRAFFIC ACT AND 370(3),370(A)(2) OF IPC,
REGISTERED BY MICO LAYOUT P.S., BENGALURU PENDING ON
FILE OF THE HONBLE 6TH ADDITIONAL C.M.M COURT,
NRUPATHUNGA ROAD, BENGALURU CITY.
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THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This petition is filed by petitioners-accused No.2 under Section 482 of the Code of Criminal Procedure for quashing criminal proceedings in C.C.No.21987/2015, arising out of Cr.No.480/2015 for the offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 and 370(3), 370(A)(2) of IPC, registered by Mico Layout Police Station, Bengaluru, pending on the file of VI Additional C.M.M Court, Nrupathunga Road, Bengaluru City.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the suo motu complaint, case is registered against the petitioner and others by one Neelakanta, Police Sub Inspector, Mico Layout Police Station, Bengaluru alleging that on 24.05.2015 at about 4:30 PM received credible 3 information about the prostitution being carried in the house No.13, 11th Main, 14th Cross, BTM 2nd Stage, Bengaluru, the informant along with decoy and panchas went to the spot and arrested accused Nos.2- 3 and accused Nos.1 and 4 to 7 were said to be the customers. Then the police registered suo-motu case against the petitioner for the said offences. The same is challenged before this court.
4. The learned counsel for the petitioner contended that the co-accused persons had already filed similar application in Crl.P.No.285/2019 and Crl.P.No.5893/2019 where the coordinate bench of this court quashed criminal proceedings, on the ground that the police inspector has no authority to conduct the raid and investigate the matter and even there is a violation of law as they have not taken local witnesses as panchas before raid and the police Sub Inspector was not authorized to conduct the raid as per Section 15 Immoral Traffic (Prevention) Act, 1956 and hence prayed for quashing the proceedings.
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5. Leonard HCGP objected for the same.
6. Having heard the arguments of the learned counsel for the petitioner and learned HCGP and perusal of record which reveals that the Sub Inspector of Police- Neelakanta who got the credible information about prostitution being carried on at House No.13, 11th Main, 14th Cross, BTM 2nd Stage, Bengaluru and raided the house and arrested this petitioner and thereafter police registered the case. As per Section 14 of the Immoral Traffice (Prevention) Act, 1956, The Special Police Officers authorised by the State Government will have the power to conduct the raid and investigate the matter. The Police Sub Inspector was not at all authorised to conduct the raid and conduct investigation under the act for any offences committed under Immoral Traffic (Prevention) Act, 1956. Based upon the judgment of the Goenka Sajjan Kumar Vs State of Andhra Pradesh reported in 2015 (281), Girish Chandra Vs State of Lokyuktha reported in (ILR 2013 Kar 983) and Lalitha Kumar case, the coordinate bench of this court quashed the criminal proceedings 5 against the co-accused persons and the same was not challenged by the State before the Supreme Court which is ended in finality. When the co accused persons got the relief of quashing in view of the violation of the Section 13 of Immoral Traffic (Prevention) Act, 1956 and without authority the CW1 conducting the raid and investigated the matter which is liable to be quashed.
In view of the violation of law as well as the authority and co-accused persons being already got the relief of the quashing the proceedings, this petition is also entitled for similar relief.
Accordingly, this criminal petition is allowed. Criminal proceedings against this petitioner/accused No.2 in CC No.21987/2015 arising out of Cr.No.480/2015 for the offence punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic Act and 370 (3), 370(A) (2) of IPC registered by Mico Layout Police Station, Bengaluru pending on the file of VI Additional C.M.M. Court, Nrupathunga Road, Bengaluru City is hereby quashed. 6
In view of disposal of the main petition, pending I.A.No.1/2021 does not survive for consideration and the same is disposed of.
Sd/-
JUDGE AKV