IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2017 BEFORE THE HON' BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.6124 OF 2017 BETWEEN:
Rajeev K., S/o Krishnappa, Aged about 38 years, R/at No.3345/1, 5th Cross, Gayathrinagar, Rajajainagar, Bengaluru-560 021, (By Sri.Shivaramu.H.C., Advocate) AND:
State of Karnataka, By KUshalnagar Police, Kodagu District, (By Sri.Sandesh Chouta, SPP-II) …Petitioner …Respondent This criminal petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 24.03.2017 passed by Learned Civil Judge and JMFC, Kushalanagara in C.C.No.237/2017 for the offences punishable under Sections 3(2B), 5(A), 5(B) of PITA Act, and consequently quash the proceedings in respect of the petitioner-accused no.3.
This criminal petition coming on for Orders this day, the Court made the following:
ORDER On the basis of a complaint lodged by CW1 Sri.Kyathegowda, CPI, Kushalanagar Circle, Kodagu on 11.09.2016 at 21.30 hours, Kushalnagar Police, registered the case in Cr.No.94/2016 for the offences punishable under Sections 3(2B), 5(1), 5(D) 4 and 7 of IT(P) Act, 1956, against petitioner and others. It was alleged that said CPI accompanied by PSI reached the spot where prostitution was \ being run at River View Home Stay, situated at Chikkabettageri Village, Siddapura Main Road, and found petitioner and others were at the spot and as such, complaint came to be registered against them for the aforesaid offences. On completion of investigation, charge-sheet came to be filed for aforesaid offences in CC.No.237/2017.
3. It is the contention of Sri.Shivaramu H.C., learned counsel appearing for petitioner that filing of chargesheet and conducting of investigation is by a person who is not competent to do so under the ITP Act and as such, proceedings initiated against petitioner is to be quashed. It is also submitted that without search warrant, raid was conducted and on account of non-compliance of mandatory statutory requirement provisions invoked cannot be applied to petitioner as such, petitioner has prayed for proceedings initiated against him being quashed.
3. Per contra, Sri.Sandesh Chouta, learned HCGP appearing for the respondent-State would support the initiation of proceedings and prays for dismissal of the petition.
4. Having heard Sri.Shivaramu H.C., learned counsel appearing for petitioner and Sri.Sandesh Chouta, Additional SPP appearing for respondent-State and on perusal of records, it would clearly disclose that chargesheet came to be filed by one Sri. Mahesh, G.E, who is of the rank of Police, Sub-Inspector. As per the mandate of Section 13(2) of Immoral Traffic (Prevention) Act, 1956, a special officer cannot be below the rank of Inspector of Police. As such this Court in various petitions has repeatedly held that where the investigation has been conducted, completed and concluded by an officer who is not competent to do so as per the mandate of Section 13(2), such proceedings would be liable to be quashed. Even in instant case as already noticed herein above, investigation has been conducted by an officer who was not authorized to do so by Section 13(2) and said officer has conducted the investigation and has also filed the chargesheet and as such proceedings against petitioner cannot be proceeded with.
Hence, the following order:
ORDER i) Criminal Petition is hereby allowed;
ii) Proceedings pending against petitioner in CC.No.237/2017 on the file of Civil Judge and JMFC, Kushalanagara is hereby quashed.
iii) Petitioner is acquitted of the offences punishable under Sections 3(2B), 5(A) and 5(B) of Immoral Traffic (Prevention) Act, 1956;
In view of the disposal of the petition on merits, IA.No.1/2017 for stay does not survive for consideration and it stands rejected.
SD/- JUDGE SB