IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2019 BEFORE THE HON'BLE Mr. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.1580 OF 2019 BETWEEN:
Muzamil Sheikh S/o Mohammad B.S. Aged about 25 years, Occ: Business R/at No.25-4-290, Green view, 2nd Cross, Valencia, Church Hall Road, Mangalore-575 003. … Petitioner (By Shri.R.B.Deshpande, Advocate) AND:
State of Karnataka by Mangalore South Police Station, Mangalore-575 001.
(Represented by The State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.) … Respondent (By Shri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 482 Cr.P.C., praying to quash the entire criminal proceeding against the petitioner in C.C.No.3821/2017 charge sheeted for the offences P/U/S 6 and 9 of Immoral Traffic Prevention Act pending on the file of Court of JMFC II Court, Mangalore.
This Criminal Petition coming on for orders, this day, the Court made the following:-
O R D E R Heard.
2. Shri.R.B.Deshpande, learned advocate for the petitioner submits that, police have conducted a raid on a brothel house and apprehended the petitioner, he has been charged for commission of offences punishable under Sections 6 and 9 of the Immoral Traffic (Prevention) Act, 1956 (‘the Act’ for short). Petitioner is a customer and therefore, the said penal provisions of the Act are not attracted against him.
3. The submission of learned advocate for the petitioner is not disputed the learned HCGP.
4. This Court has taken a consistent view that the penal provisions of the Act are not applicable so far as customers in a brothel house are concerned. [See Narasimha Murthy vs. The State by Hennuru Police Station and another (Crl.P.No.5275/2017 D.D. 07.12.2017)].
5. In the circumstances, following the said decision, this petition is allowed and the proceedings in C.C.No.3821/2017, on the file of JMFC II Court, Mangalore, are quashed, so far as the petitioner is concerned.
No costs.
Sd/- JUDGE RS/*