IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7472/2017 BETWEEN:
1. SIJESH K S/O LAKSHAMANA AGED ABOUT 30 YEARS R/O KAIPARATH HOUSE KALYASIRI KANNAPURAM KANNUR, KERALA-670 001.
2. JEEVAN S/O RAVEENDRAM AGED ABOUT 21 YEARS R/O JEEVA NIVAS MUJAMPILLANGAD KANNUR, KERALA-670 001.
... PETITIONERS (BY SRI. MOHAN B.K, ADVOCATE) AND:
1. STATE BY MANGALORE EAST POLICE STATION KADRI HILLS, MANGALORE REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. MARUTHI G. NAIK POLICE INSPECTOR MANGALORE EAST POLICE STATION KADRI HILLS MANGALORE.
... RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., HCGP ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.73/2017 OF MANGALORE EAST, MANGALORE CITY FOR THE OFFENCES P/U/S 4 AND 5 OF IMMORAL TRAFFIC PREVENTION ACT, 1956, PENDING ON THE FILE OF JMFC, II COURT, MANGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are seeking for quashing of the proceedings in Crime No.73/2017 registered against them for the offences punishable under Sections 4 & 5 of Immortal Traffic (Prevention) Act, 1956 (for short ‘Act’) by the Mangalore East Police Station, which proceedings are pending on the file of JMFC (II Court), Mangaluru, Dakshina Kannada.
2. According to prosecution, credible information was received on 27.04.2017 by Mangalore East police about prostitution being run in a Massage Parlour at 4th Floor, Siko Apartment, Arya Samaja road, Mangaluru and as such, raid came to be conducted on the said massage parlour and arrested 2 persons namely, petitioners and registered FIR in Crime No.73/2017 for the aforesaid offences. In this background, petitioners are before this Court contending that even according to prosecution, a raid came to be conducted on the alleged information without even registering FIR and without following the procedure prescribed under the Act and Cr.P.C. Therefore all further proceedings are vitiated. It is further contended that ingredients of the offences alleged are not made out against petitioners.
3. Per contra, learned HCGP appearing for respondent-State would support the initiation of proceedings against petitioners and prays for dismissal of the petition.
4. This Court, under similar circumstances, in Crl.P.No.1479/2017 in the matter of SHIVANNA @ SHIVU vs STATE OF KARNATAKA disposed of on 10.04.2017, has clearly held that Sections 3, 4, 5 and 7 of the Act cannot be invoked or applied to the petitioners if they are alleged or said to be customers visiting a brothel and found when raid was conducted. Section 4 of the Act provides for punishment for living on the earnings of prostitution. Section 5 of the Act provides for procuring, inducing or taking person for the sake of prostitution.
5. In view of these provisions which are invoked against petitioners not being applicable to petitioners, prayer sought for by the petitioners deserves to be granted.
Hence, I proceed to pass the following:
ORDER (1) Criminal Petition is hereby allowed.
(2) Proceedings pending in Crime No.73/2017 registered by Mangalore East Police Station against petitioners before JMFC (II Court), Mangaluru, Dakshina Kannada for the offences punishable under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 are hereby quashed and they are acquitted of the offences punishable under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.
In view of disposal of the main petition, I.A.No.1/2017 does not survive for consideration. Hence, same is hereby rejected.
SD/- JUDGE *sp