Raju Alias Shishir S/O Siddappa ... vs The State Of Karnataka
2022 Latest Caselaw 8355 Kant

Citation : 2022 Latest Caselaw 8355 Kant
Judgement Date : 8 June, 2022

Karnataka High Court

Raju Alias Shishir S/O Siddappa ... vs The State Of Karnataka on 8 June, 2022

Bench: V.Srishananda

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                                 CRL.P No. 101615 of 2022


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 08TH DAY OF JUNE, 2022

                        BEFORE
       THE HON'BLE MR JUSTICE V.SRISHANANDA

     CRIMINAL PETITION NO. 101615 OF 2022 (482)
BETWEEN:

1.   RAJU ALIAS SHISHIR S/O SIDDAPPA PATIL
     AGE. 32, OCC. STUDENT,
     R/O. VATNAL GRAMA
     NEAR GORANAKOLLA,
     TALUK. SAVADATTI,
     DISTRICT. DHARWAD-580001

2.   RAKESH S/O EERANNA OODPUDI,
     AGE. 33, OCCUPATIOJN. STUDENT,
     R/O. NEAR RAMPUR COURT, TALUK-SAVADATTI,
     DISTRICT. DHARWAD - 580001.

                                             ...PETITIONERS
(BY SRI. R H ANGADI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
(VIDYAGIRI POLICE STATION,
DHARWAD) R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD-580011

                                             ...RESPONDENT
(BY SRI.PRAVEEN UPPAR, HCGP.)

     THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS
AGAINST THE PRESENT PETITIONERS WHO ARE ARRAYED AS
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                                       CRL.P No. 101615 of 2022


ACCUSED NOS.2 AND 3 IN CC NO.103/2017 (VIDYAGIRI P.S.
CRIME NO.163/2015), FOR THE OFFENCES PUNISHABLE U/S 3,
4 AND 6(1) OF IMMORAL TRAFFIC (PREVENTION) ACT, 1956,
PENDING ON THE FILE OF III ADDITIONAL SENIOR CIVIL
JUDGE AND CJM COURT, DHARWAD.

     THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:
                             ORDER

1. Though this matter is listed for admission, with the

consent of the parties, it is taken up for disposal.

2. Heard Miss. Joshna P. Dhanave, appearing on

behalf of Sri R.H. Angadi, learned counsel for the petitioners

and Sri Praveen Uppar, learned High Court Government Pleader

for the respondent-State and perused the records.

3. This petition is filed under Section 482 Cr.PC, with

the following prayer:

"Wherefore, for these and amongst other grounds to be urged at the time of hearing, it is most humbly lprayed that, this Hon'ble Court be pleased to quash the Criminal proceedings and order of cognizance dated 17.04.2017 against the present petitioners who are arrayed as Accused Nos.2 & 3 in CC No.103/2017 (Vidyagiri Police Station Crime No.163/2015) for the offence punishable under Section 3, 4 and 6(1) of the Immoral Traffic (Prevention) Act, 1956, pending on the file of the III Addl. Senior Civil Judge & CJM Court, Dharwad, to meet the ends of justice."

4. Brief facts of the case are as under:

CRL.P No. 101615 of 2022

Upon a complaint lodged by Sri Sangamanath Hiremath,

Vidyagiri Police Station registered a case in Crime No.

0163/2016 dated 11.06.2016 for the offence punishable under

Sections 3, 4 and 6(1) of the Immoral Traffic (Prevention) Act,

1956. The gist of the complaint averments reveal that in a

lonely house which is situated in Sangoli Rayanna Nagar,

illegally prostitution was being conducted and raid has taken

place and the persons involved in the prostitution including the

petitioners were arrested. After registering the case, police

investigated the matter and filed charge sheet and the matter

is now pending before the Jurisdictional Magistrate. In he

mean time, the petitioner has approached this court with the

aforesaid prayer.

5. In the petition following grounds have been raised:

"That, the police have falsely implicated the present petitioners who are arrayed as Accused No. 1 and 2 on the grudge or some other allegations leveled against the police have arrayed petitioners as accused persons, even though, they have not committed any of the offences much less the alleged offences as stated by the police.

That, the present petitioners are innocent, law abiding citizens of India and have not committed any offense as stated by the police.

That, the Police have not registered FIR prior to conducting raid on the alleged date of incident. In

CRL.P No. 101615 of 2022

view of law laid down by this Hon 'ble Apex Court in the case reported in 2014 (2) SCC Page. 1 in the case of Lalitha Kumari Vs. State Of Uttar Pradesh. It is held that Registration of FIR is mandatory U/S 154 of CR.PC if the information discloses commission of a cognizable offence. And no preliminary inquiry is permissible in such a situation.

That, in the instant case no search warrant was obtained at the time of conducting the raid. In view of non-obtaining search warrant the raid alleged to be conducted and seizure is vitiated in view of the law laid down by this Hon'ble court in the case of Sanju Vs. State in Cr.Rev.No-2510//2011. That, even if we consider the definition of Section 3 of the Immoral Traffic (Prevention) Act, 1956.

6. Re-iterating the grounds urged, Miss Joshna

submits that petitioners being the customers, cannot be

proceeded for the aforesaid offences and in that regard, she

has placed reliance on the judgment of the co-ordinate bench

of this court in Criminal Petition No.100513/2018 and sought

for allowing the petition.

7. Per contra, learned High Court Government Pleader

opposes the petition.

8. Admittedly, from the material on record, it is seen

that petitioners are customers, who had been arrested by the

investigating agency on the date of raid. In view of the ruling

given by this court in Criminal Petition No.100513/2018 and