Kerala High Court
Saliha vs State Of Kerala on 12 August, 2025
2025:KER:59811
Crl.M.C.No.11017/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
CRL.MC NO. 11017 OF 2024
CRIME NO.2731/2010 OF ALUVA EAST POLICE STATION, ERNAKULAM
IN CC NO.409 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I, ALUVA
PETITIONER/ ACCUSED NO.6:
SALIHA,
AGED 54 YEARS,
W/O., BABU, THAIVALAPPIL VEED,
AZAD ROAD, IRINJALAKKUDA,
THRISSUR, PIN - 680121
BY ADVS. SHRI.E.A.HARIS
SHRI.M.A.AHAMMAD SAHEER
SRI.MUHAMMED YASIL
SMT.FATHIMA SHERIN
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
ALUVA EAST POLICE STATION
(CRIME NO. 2731/2010),
ERNAKULAM, PIN - 683101
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.08.2025, THE COURT ON 12.08.2025 PASSED THE FOLLOWING:
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Crl.M.C.No.11017/2024
2
ORDER
The petitioner is the sixth accused in C.C.No.409/2014 on the files
of the Judicial First Class Magistrate Court-I, Aluva, which arose out of
Crime No.2731/2010 of Aluva East Police Station, Ernakulam. The
offences alleged in the said case are under Sections 3, 4, 5, 6 & 7 of the
Immoral Traffic (Prevention) Act, 1956. The prosecution case is that, in a
search conducted in a building at Aluva on 02.10.2010 at about
4:30 p.m., by the Assistant Superintendent of Police, Aluva, and his team
consisting of the Circle Inspector of Police, Aluva, and other police
personnel, it was found that the petitioner herein and the seventh
accused (another lady) were involved in sexual relationship with the
fourth accused. In another room of the same building, accused Nos.2 &
5 were said to have been involved in sexual relationship with the third
accused. It is stated that the accused Nos.1 & 2, who obtained the above
building on lease from CW6, had been using the said building for the
purpose of carrying on prostitution and gaining income out of the above
illicit business. The eighth accused is said to be the person who brought
women and girls to the said building for the purpose of prostitution. As
per order dated 25.01.2022 in Crl.M.C.No.2850/2019, a learned Single
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Judge of this Court had quashed the proceedings against accused Nos.3
& 4. The reason stated for quashing the proceedings against them was
that there was no valid notification issued by the Government under
Section 7(3) of the Immoral Traffic (Prevention) Act, 1956, and hence the
customers, who had been indulged in sexual relationship with
prostitutes, cannot be held liable for the offence under Section 7(1) of
the said Act. Now, in the present petition, the petitioner would contend
that Section 7(1) of the Immoral Traffic (Prevention) Act, 1956, applies
to the person who carries on prostitution also, and hence in the absence
of a notification issued by the Government under Section 7(3) of the said
Act, the petitioner/sixth accused cannot be held to be liable for the
commission of offence under Section 7(1) of the said Act.
2. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
3. Going by the allegations stated in the final report and the
accompanying records, the role attributed to the petitioner herein is that
she was found to have been carrying on prostitution in that building at
the time when the Police personnel conducted a search there. That being
so, the relevant penal provision of the Immoral Traffic (Prevention) Act,
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1956 applicable to the case as against the petitioner herein is Section
7(1). A reading of the aforesaid Section would make it clear that, for the
applicability of the penal consequences of the said Section, it has to be
shown that the person, who has been accused of carrying on
prostitution, was doing the same in any premises which came within the
area notified under Sub-Section 3 of Section 7, or which was within the
distance of 200 meters from any place of public religious worship,
educational institution, hostel, hospital, nursing home or such other
public place of any kind as may be notified in that behalf, by the
Commissioner of Police or the Magistrate concerned, in the manner
prescribed. It is true that there is the specific allegation for the
prosecution that the building where the prostitution was found to have
been conducted, came within a distance of 75 meters from a public
educational institution. However, there is absolutely nothing on record to
show that the above said public educational institution was one notified
in that behalf by the Commissioner of Police or the Magistrate concerned,
in the prescribed manner. That being so, it cannot be said that the
prosecution records would bring home the necessary requirements of
Section 7(1) of the Immoral Traffic (Prevention) Act, 1956. Needless to
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say that the prayer in this petition to quash the proceedings against the
petitioner/sixth accused, is fully justified.
In the result, the petition stands allowed. The proceedings against
the petitioner (accused No.6) in C.C.No.409/2014 on the files of the
Judicial First Class Magistrate Court -I, Aluva, which arose out of Crime
No.2731/2010 of Aluva East Police Station, are hereby quashed.
(sd/-)
G. GIRISH, JUDGE
DST
2025:KER:59811
APPENDIX
PETITIONER ANNEXURES
ANNEXURE-A1 A TRUE COPY OF THE FIR DATED 02.10.2010 IN
CRIME NO.2731/2010 OF ALUVA EAST POLICE
STATION
ANNEXURE-A2 A CERTIFIED COPY OF THE FINAL REPORT DATED
04.12.2010 IN CRIME NO.2731/2010 OF ALUVA
OF 2014 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, ALUVA
ANNEXURE-A3 A TRUE COPY OF THE SEARCH LIST DATED
02.10.2010 CRIME NO.2731/2010 OF ALUVA EAST
POLICE STATION
ANNEXURE-A4 A TRUE COPY OF THE 161 STATEMENT OF THE
WITNESS
ANNEXURE-A5 A TRUE COPY OF THE JUDGMENT DATED 25.01.2022
IN CRL.M.C. NO.2850/2019 OF THIS HON'BLE
COURT
