Karnataka High Court
Poornesh Babu vs The State Of Karnataka on 5 March, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:10342
CRL.P No. 9557 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 9557 OF 2017
BETWEEN:
1. POORNESH BABU,
AGED ABOUT 35 YEARS,
S/O BABU B.A,
NO.06, MARUTHI STREET,
OLD POST OFFICE ROAD,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
2. SMT. SONAL,
AGED ABOUT 29 YEARS,
W/O SANTHOSH,
C/O SHIVASHANKAR HOME,
5TH CROSS, VIJAY BANK COLONY,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
Digitally signed 3. KISHOR KUMAR @ KISHOR,
by AGED ABOUT 30 YEARS,
NARAYANAPPA
LAKSHMAMMA S/O PICHCHU,
Location: HIGH NO.75, HEBBAL RAILWAY ROAD,
COURT OF
KARNATAKA BITHAL A.G CHURCH,
BENGALURU - 560 024.
4. FAIZAL POONTHALA @ FAIZAL,
AGED ABOUT 41 YEARS,
S/O LATE MOHAMMED,
R/AT NO.336, 13TH CROSS,
RAMESH NAGAR, HAL,
BENGALURU - 560 037.
...PETITIONERS
(BY SRI. AIYANNA T.M, ADVOCATE FOR
SMT. RACHITA NANAIAH, ADVOCATE)
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NC: 2024:KHC:10342
CRL.P No. 9557 of 2017
AND:
1. THE STATE OF KARNATAKA BY
RAMAMURTHY NAGAR POLICE.
RAMAMURTHY NAGAR,
BANGALORE - 560 016,
REP. BY STATE PUBLIC PROSECUTOR,
HGIH COURT COMPLEX,
BENGALURU - 560 001.
2. SRI. S.R. CHANDRADHAR,
POLICE INSPECTOR,
RAMAMURTHY NAGAR POLICE STATION,
BENGALURU - 560 016.
...RESPONDENTS
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH
THE INVESTIGATION IN CR.NO.523/2017 REGISTERED BY THE
RAMAMURTHY NAGAR POLICE, BANGALORE THE OFFENCES P/U/C 3,
4, 5, 7 OF I.T.P ACT AND SEC.370 OF IPC, PENDING ON THE FILE OF
THE X A.C.M.M., BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the
following reliefs:
"WHEREFORE, it is prayed that this Hon'ble Court be
pleased to quash the investigation in Crime No.523/2017
registered by the Ramamurthy Nagar Police, Bengaluru for
the offences punishable under sections 3, 4, 5 & 7 of
Immoral Traffic Prevention Act and 370 of Indian Penal
Code pending on the files of Hon'ble X Additional Chief
Metropolitan Magistrate, Bengaluru, in the interest of
justice."
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2. The Inspector of Police, Ramamurthy Nagar Police Station
has lodged a suo moto case in crime No.523/2017 on
14.11.2017 at 16.00 hours for the offences punishable
under Sections 3, 4, 5 and 7 of Immoral Traffic
Prevention Act and Section 370 of IPC pending on the file
of Hon'ble Additional Chief Metropolitan Magistrate,
Bengaluru.
3. The Assistant Commissioner received a phone call to the
effect that accused Nos.1 and 2 were contacting
customers using just dial and running a brothel at
Aesthetic and Saloon and Spa, 3rd Floor, Reliance Press
Building, Near Ramamurthy Nagara Ring Road Signal.
4. On receiving the said complaint, the inspector visited the
spot and sent to decoy witness with Rs.500 note. When
he was allowed entry into the Spa, the other policemen
came in and found several men and women were
occupied in different rooms. On that basis, the mobile
phones were seized along with several condoms, mahazar
was drawn up and the petitioners were arrested and
produced before the police station.
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5. The submission of the learned counsel for the petitioners
is without registering an FIR, investigation has been
carried out, materials were seized and the petitioners
have been arrested, which could not have been so done.
Without registering an FIR, no investigation could have
commenced and as such, the entire proceedings are
required to be quashed.
6. On enquiry with the learned High Court Government
Pleader, if any, endorsement is made by the Police
Inspector as to why the seizure had to be made and the
arrest made without registering an FIR, he submits that
there is no such enquiry in the case diary.
7. Having heard both the counsels, it is clear that the
investigation has commenced without registering an FIR,
the offence is a non-cognizable offence, and no such
investigation could have so commenced. The manner in
which the investigation has been taken up and the arrest
made being contrary to law would be required to be
quashed.
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8. It is not a stray case, matters like this have come up
before this Court where several judgments rendered by
this Court deprecating the manner in which the
investigation is commenced without registering an FIR
and arrest being made.
9. Despite the judgments of this Court, the Police authorities
continue to carry out investigation and arrests without
registering an FIR. It would be for the Director General of
Police to appropriately get the concerned officers trained
in matters relating to non-cognizable offences and
prepare a standard operating procedure in respect
thereof as to in what manner the officer has to conduct
himself and when investigation can commence. So that
these kinds of incidents do not occur.
10. It is also for the Director General of Police to make
available such equipment as may be necessary to the
concerned police to register an FIR on the basis of the
information available even while outside the Police
Station since apparently, as contended by the learned
High Court Government Pleader, if the Police had not
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taken immediate action, the evidence would be lost and
the persons accused thereof would have left the spot, the
Police Inspector being left with no option but to take
immediate action. In the event of the police inspector
being provided with the necessary option to lodge an FIR
online and thereafter, take up an investigation, the legal
technicality in this regard would be satisfied and
therefore, the Director General of Police is directed to
take steps in this regard.
11. In the present matter, as observed earlier, the Police
Inspector has commenced an investigation and arrested
the petitioners without lodging an FIR, the same is
contrary to the applicable law. As such, I pass the
following:
::ORDER::
i) The criminal petition is allowed
ii) The proceedings in Crime No.523/2017 raised by
the Rama Murthynagar Police Station now pending
before the X Additional Chief Metropolitan
Magistrate, Bengaluru are hereby quashed.
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iii) Though the above matter is disposed, to report
compliance of General Director of Police, re-list on
15.04.2024 at 2.30 p.m.
Sd/-
JUDGE
GJM
