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1 - 6 of 6 (0.35 seconds)S.Naveen Kumar @ Naveen vs The State Of Telangana,Rep. By Public ... on 28 April, 2015
- 370A (2) of IPC. Whether the petitioner is innocent of the
offences alleged and that he went to the said Spa Centre for
massage services etc, are all triable issues which are to be tried and
decided only after full-fledged trial, but cannot be considered in a
petition under Section - 482 of the Cr.P. The Investigating Officer
after recording the statements of the witnesses and after collecting
the material only filed the charge sheet and, therefore, he sought to
dismiss the present petition. He has also placed reliance on the
principle laid down by the High Court for the States of Telangana
and Andhra Pradesh in Naveen Kumar v. The State of
Telangana1.
Mohammad Riyaz vs The State Of Telangana on 27 June, 2018
In Mohammad Riyaz v. The
State Of Telangana2, the High Court for the States of Telangana
and the Andhra Pradesh referring to the principle laid down in S.
Naveen Kumar1 relied upon by the learned counsel for the
petitioner and Vinod @ Vijay Bhagubhai Patel v. State of
Gujarat [2017 (4) GLR 2804] quashed the proceedings against the
customer for the offences punishable under Section - 370 of the
IPC and Sections - 3 to 5 of the PITA, however, permitted the
Magistrate concerned to proceed further with the offence under
Section - 370A (2) of the IPC. Therefore, this Court is of the
considered opinion that the contents of the charge sheet lack the
ingredients of Section Sections - 3, 4 and 5 of the PITA, however,
the Court below may go on trial for the offence under Section - 370
(A) (2) of the IPC against the petitioner herein.
Vinod @ Vijay Bhagubhai Patel vs State Of Gujarat & on 5 May, 2017
In Mohammad Riyaz v. The
State Of Telangana2, the High Court for the States of Telangana
and the Andhra Pradesh referring to the principle laid down in S.
Naveen Kumar1 relied upon by the learned counsel for the
petitioner and Vinod @ Vijay Bhagubhai Patel v. State of
Gujarat [2017 (4) GLR 2804] quashed the proceedings against the
customer for the offences punishable under Section - 370 of the
IPC and Sections - 3 to 5 of the PITA, however, permitted the
Magistrate concerned to proceed further with the offence under
Section - 370A (2) of the IPC. Therefore, this Court is of the
considered opinion that the contents of the charge sheet lack the
ingredients of Section Sections - 3, 4 and 5 of the PITA, however,
the Court below may go on trial for the offence under Section - 370
(A) (2) of the IPC against the petitioner herein.
The Code of Criminal Procedure, 1973
The Immoral Traffic (Prevention) Act, 1956
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