Orissa High Court
Tushar Kanta Baral vs State Of Odisha .... Opp. Party(S) on 27 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1087 of 2025
Tushar Kanta Baral .... Petitioner(s)
Mr. B. Nayak, Advocate
-versus-
State of Odisha .... Opp. Party(s)
Mr. S. Panda, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 27.03.2025
01. 1. Heard.
2. The petitioner is one of the accused in connection
Bhubaneswar Capital P.S. Case No.212 of 2018 registered for the
alleged commission of Offences punishable under Sections
3/4/5/6/7 of the Immoral Trafficking Prevention Act, 1956. He is
aggrieved by the order dated 28.06.2021 passed by the learned
S.D.J.M., Bhubaneswar in C.T. Case No.2162 of 2018, whereby the
learned Court below has taken cognizance of the offences
punishable under Sections 370(3)/370(A)(2) of I.P.C. read with
Sections 3/4/5/6/7 of the Immoral Trafficking Prevention Act, 1956
against him.
3. The allegation against the petitioner is that on 19.05.2018,
the informant being the Sub-Inspector of Capital Police Station,
Bhubaneswar lodged a report inter alia alleging therein that he
received an information that under the Capital Police Station in a
SPA in the name and style of as H-20 SPA and Hamam run by one
Sanjay Kumar Rana, who have procured girls from different areas
and using them for prostitution. It is alleged that a raid was
conducted and found objectionable activities by the customers with
the girls and total eight young girls were found inside the SPA. Out
of them, seven girls were with sexual activities with seven persons.
The present petitioner is one amongst them. In presence of the
witnesses, the accused persons admitted their guilt and all of them
were arrested. Hence, this case.
4. Mr. Nayak, learned counsel for the petitioner submits that
the petitioner is one of the customers who had been apprehended by
the police in H-20 SPA and Hamam. He also submits that two of
the other co-accused persons those who are similarly situated had
approached this Court by filing CRLMC No.3390 of 2023. This
Court vide a detailed judgment dated 09.02.2024 quashed the entire
proceeding qua them. He has relied upon paragraph-15 of the said
judgment, which reads as under:-
"15. Therefore, I am of the considered view that
this is a fit case where this Court in exercising the
inherent jurisdiction under Section 482 Cr.P.C.
quash the cognizance order insofar as offences
under Section 370(3) and 370A(2) of I.P.C.
against the present petitioners are concerned.
However, the present petitioners have to face the
trial insofar as the other offences as alleged in the
charge-sheet and cognizance is taken by the court
below are concerned."
By relying upon the said judgment, he seeks indulgence of
this Court and praying for entire criminal prosecution initiated
against the petitioner be quashed qua him.
5. Mr. Panda, learned Additional Standing Counsel for the
State submits that the judgment of this Court dated 09.02.2024
passed in CRLMC No.3390 of 2023 has not been challenged by the
State, which has attained its finality. The case of the present
petitioner is directly covered by the said judgment.
6. Regard being had to the finding recorded by the judgment
of this Court in CRLMC No.3390 of 2023, I am inclined to allow
the petition. The reasoning recorded by this Court in the judgment
dated 09.02.2024 in CRLMC No.3390 of 2023 stands good for the
present case and the same are not reiterated for the sake of brevity.
7. Accordingly, the cognizance order dated 28.06.2021
passed by the learned S.D.J.M., Bhubaneswar in C.T. Case No.2162
of 2018 arising out of Bhubaneswar Capital P.S. Case No.212 of
2018 and the consequential proceeding arising therefrom qua the
petitioner are quashed.
8. With this observation, the CRLMC is disposed of.
(S.S. Mishra)
Judge
Swarna
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 28-Mar-2025 14:01:34
