IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6651 of 2017 BETWEEN:
1. SRI DHEERAJ KUMAR AGED ABOUT 27 YEARS S/O RAMESH KUMAR, R/A NO.5, GATE NO.4, SOGAR PET, CHENNAI-02 2. SRI LOKESH AGED ABOUT 29 YEARS S/O BOJAN, R/A NO.137/1, 19TH B CROSS, 7TH MAIN ROAD, B.T.M IIND STAGE, BENGALURU-560076 3. SRI ASHISH AGED ABOUT 32 YEARS S/O KANTILAL, R/AT NO.29, ACHARYA PANTH STREET, CHENNAI-600001 4. SRI SALAM AGED ABOUT 30 YEARS S/O LATHEEF, R/AT YADATHIL MEETHAL HOUSE, ATHOLI, KONGANUR POST, CALICUT DISTRICT, KERALA-673 315 5. SRI SYED MOHINUDDIN AGED ABOUT 24 YEARS S/O SYED SALAUDDIN, R/AT NO.36, CEO KHADAR BASHA, 2ND FLOOR, 8TH MAIN N CROSS, NEW GURAPPANPALYA, BENGALURU-560 029 6. SRI VISHAL AGED ABOUT 23 YEARS S/O AVDESH KUMAR, R/A KMS HOMES, 5TH FLOOR, CHOCOLATE FACTORY ROAD, TAVAREKERE, BENGALURU-560029 ... PETITIONERS (By Sri : S R SREEPRASAD- ADV.) AND 1. THE STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001 2. THE POLICE INSPECTOR WOMEN & NARCOTICS SQUAD, (CITY CRIME BRANCH), N.T PET, BENGALURU-560001 KARNATAKA ... RESPONDENTS (By Sri. SANDESH T CHOUTA : SPP-II SD) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO i)QUASH THE FIR BEARING NO.113/2017 DATED 13.03.2017 ALONG WITH THE INFORMATION DATED 13.03.2017 REGISTERED WITH THE RESPONDENT NO.1 AND FURTHER IS INFORMED BY THE RESPONDENT NO.2 AND WAS PENDING ON THE FILE OF THE XLIII ACMM, MAYO HALL, BANGALORE AND NOW PRESENTLY PENDING ON THE FIEL FO THE I ACMM BANGALORE AS AGAINST THE PETITIONERS NO.1 TO 6, WHO ARE ARRAYED AS ACCUSED NO.11,22,25,27,31,32 FOR ALLEGED OFFENCES U/S 370(3),370A(2),294, 109,120B OF IPC (ANNEXED VIDE "ANNEXURE-A AND A1").
ii)QUASH ENTIRE PROCEEDINGS IN MATTER BEARING CR.NO.113/2017 REGISTERED WITH THE RESPONDENT NO.1 AND 2 AND PRESENTLY PENDING ON THE FILE OF THE I ACMM, BANGALORE AS AGAINST THE PETITIONER NO.1 TO 6 WHO ARE ACCUSED NO.11,22,25,27,31,32 FOR ALLEGED OFFENCES U/S 370(3),370A(2),294, 109,120B OF IPC (ANNEXED VIDE "ANNEXURE-A AND A1").
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are arraigned as Accused Nos.11,22,25,27,31 and 32 in Cr.No.113/2017 on the file of first respondent-police. This Court has passed a detailed order in Crl.P.No.2697/2017, wherein some of the accused persons stand on the same footing as that of the petitioners, the proceedings against them have already been quashed. As could be seen from the FIR, these petitioners are said to be present in M/s Lakshadweep Bar and Restaurant as customers. Holding that, the offences under section3,4,5,7 of I.T.P. Ac t and other offences as alleged are not attracted insofar as the customers are concerned. This Court has already quashed the proceedings against the other accused persons, who are similarly placed in the above customer is concerned Criminal Petition. Further this Court has in detail, considered the application of the Act i.e., Immoral Traffic Prevention Act, 1956, insofar as the customer concerned in Crl.P.No.5802/2016 dated 22.9.2016 and held that the Act is not attracted. In view of the above said circumstances, there is no reason to take deviation from the above said observations made by this Court. Hence, the following:
ORDER The petition is allowed. All further proceedings in Cr.No.113/2017 pending on the file of the first respondent- police and registered in I Addl. Chief Metropolitan Magistrate Court is hereby quashed for the offences punishable under Sections 370(3),370A(2),294, 109 and 120-B of IPC.
In view of the disposal of the main petition, IA No.1/17 does not survive for consideration.
Sd/- JUDGE PSG