IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.2888 OF 2018 BETWEEN:
ZOHEB, S/O AHMED, AGED ABOUT 35 YEARS, R/O PULAKALLI HOUSE, PULLPERMBAIL KANNAMANGALAM, CALICUT, KERALA-673008. ... PETITIONER (BY SRI.SANTOSHRAJ C DESHAMUKH, ADVOCATE) AND:
STATE BY HSR LAYOUT P.S, BENGALURU, REPT. SPP, HIGH COURT OF KARNATAKA, BENGALURU. … RESPONDENT (BY SRI.K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.27068/2017 PENDING ON THE FILE OF VI ADDL. C.M.M., BENGALURU FOR THE OFFENCE P/U/S 3,4,5 AND 7 OF IMMORAL TRAFFIC PREVENTION ACT AND SECTION 370 OF INDIAN PENAL CODE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard.
2. Shri Santoshraj C Deshamukh, 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 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 (‘the Act’ for short). Petitioner is a customer and therefore, the said penal provisions alleged against him are not sustainable.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. Learned advocate for the petitioner has filed a memo stating that after filing the charge sheet the learned trial Court has committed the case to Sessions Court. Accordingly case has been registered as S.C. No.319/2019.
5. 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)].
6. In the circumstances, following the said decision, this petition is allowed and the proceedings in C.C No.27068/2017 on the file of VI Additional C.M.M., Bengaluru, and the proceedings in S.C. No.319/2019 pending on the file of CCH-46 at Bengaluru, are quashed, so far as the petitioner is concerned.
No costs.
Sd/-
JUDGE ykl