Sri Gururaj @ Guruprasad vs State Of Karnataka
2022 Latest Caselaw 281 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 7TH DAY OF JANUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

             CRIMINAL PETITION NO.10277/2021

BETWEEN

SRI GURURAJ @ GURUPRASAD
S/O RAM
AGED ABOUT 37 YEARS
R/ANO 406, 1ST MAIN ROAD
SRINIVASA LAYOUT
D C HALLI MAIN ROAD
HONGASANDRA
BENGALURU - 560 045.                       ... PETITIONER

(BY SRI PRAKASHA K V, ADVOCATE)

AND

STATE OF KARNATAKA
BY MICO LAYOUT POLICE STATION
BENGALURU
REPRESENTED BY S.P.P
HIGH COURT COMPLEX
BENGALURU - 560 001.                      ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN
C.C.NO.21987/2015, ARISING OUT OF CR.NO.480/2015 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 3,4,5 AND 7 OF THE
IMMORAL TRAFFIC ACT AND 370(3),370(A)(2) OF IPC,
REGISTERED BY MICO LAYOUT P.S., BENGALURU PENDING ON
FILE OF THE HONBLE 6TH ADDITIONAL C.M.M COURT,
NRUPATHUNGA ROAD, BENGALURU CITY.
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     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:

                             ORDER

This petition is filed by petitioners-accused No.2 under

Section 482 of the Code of Criminal Procedure for quashing

criminal proceedings in C.C.No.21987/2015, arising out of

Cr.No.480/2015 for the offences punishable under Sections

3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956

and 370(3), 370(A)(2) of IPC, registered by Mico Layout

Police Station, Bengaluru, pending on the file of VI

Additional C.M.M Court, Nrupathunga Road, Bengaluru City.

2. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State.

3. The case of the prosecution is that on the suo

motu complaint, case is registered against the petitioner

and others by one Neelakanta, Police Sub Inspector, Mico

Layout Police Station, Bengaluru alleging that on

24.05.2015 at about 4:30 PM received credible

information about the prostitution being carried in the

house No.13, 11th Main, 14th Cross, BTM 2nd Stage,

Bengaluru, the informant along with decoy and panchas

went to the spot and arrested accused Nos.2- 3 and

accused Nos.1 and 4 to 7 were said to be the customers.

Then the police registered suo-motu case against the

petitioner for the said offences. The same is challenged

before this court.

4. The learned counsel for the petitioner contended

that the co-accused persons had already filed similar

application in Crl.P.No.285/2019 and Crl.P.No.5893/2019

where the coordinate bench of this court quashed

criminal proceedings, on the ground that the police

inspector has no authority to conduct the raid and

investigate the matter and even there is a violation of

law as they have not taken local witnesses as panchas

before raid and the police Sub Inspector was not

authorized to conduct the raid as per Section 15 Immoral

Traffic (Prevention) Act, 1956 and hence prayed for

quashing the proceedings.

5. Leonard HCGP objected for the same.

6. Having heard the arguments of the learned

counsel for the petitioner and learned HCGP and perusal of

record which reveals that the Sub Inspector of Police-

Neelakanta who got the credible information about

prostitution being carried on at House No.13, 11th Main,

14th Cross, BTM 2nd Stage, Bengaluru and raided the

house and arrested this petitioner and thereafter police

registered the case. As per Section 14 of the Immoral

Traffice (Prevention) Act, 1956, The Special Police Officers

authorised by the State Government will have the power to

conduct the raid and investigate the matter. The Police Sub

Inspector was not at all authorised to conduct the raid and

conduct investigation under the act for any offences

committed under Immoral Traffic (Prevention) Act, 1956.

Based upon the judgment of the Goenka Sajjan Kumar Vs

State of Andhra Pradesh reported in 2015 (281),

Girish Chandra Vs State of Lokyuktha reported in (ILR

2013 Kar 983) and Lalitha Kumar case, the coordinate

bench of this court quashed the criminal proceedings

against the co-accused persons and the same was not

challenged by the State before the Supreme Court which is

ended in finality. When the co accused persons got the relief

of quashing in view of the violation of the Section 13 of

Immoral Traffic (Prevention) Act, 1956 and without

authority the CW1 conducting the raid and investigated the

matter which is liable to be quashed.

In view of the violation of law as well as the authority

and co-accused persons being already got the relief of the

quashing the proceedings, this petition is also entitled for

similar relief.

Accordingly, this criminal petition is allowed.

Criminal proceedings against this petitioner/accused

No.2 in CC No.21987/2015 arising out of Cr.No.480/2015

for the offence punishable under Sections 3, 4, 5 and 7 of

the Immoral Traffic Act and 370 (3), 370(A) (2) of IPC

registered by Mico Layout Police Station, Bengaluru pending

on the file of VI Additional C.M.M. Court, Nrupathunga

Road, Bengaluru City is hereby quashed.

In view of disposal of the main petition, pending

I.A.No.1/2021 does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

AKV