The prosecution must prove specific elements to establish offenses under the PITA Act, and the court may quash the F.I.R. if the prosecution fails to do so.

JUDGMENT

M.G. Sewlikar, J. - Rule. Rule is made returnable forthwith. With the consent of the parties at the admission stage heard fnally.

2. The applicant has fled this application under Section 482 of the Code of Criminal Procedure seeking invocation of inherent powers of this Court for quashing the F.I.R. dated 25.3.2018 No. 228 of 2018 punishable under Section 3, 4, 5 and 7 of the Immoral Trafc (Prevention) Act, 1986 (PITA Act) and under Section 370 of the Indian Penal Code.

3. Facts giving rise to this application are that on 24.3.2018, the complainant got the tip of that one Usha Ratnaprakash Thakur, a lady who is a tenant in the building of Balasaheb Kerba Suryawanshi, Rajiv Gandhi Square, Shriramnagar, Shivnery Colony, Beed, is running brothel. To ascertain the truthfulness of the information, a dummy customer was sent to the said brothel with a currency note of Rs. 500/- bearing No. 5 RW 533564. Accordingly a pancha and the said dummy customer were sent to the said brothel. The raiding party consisting of the informant, Police Naik Dahiphale, Nitin Savale, lady police Naik Gore, Chaure, and others followed them. On getting signal from the dummy customer, the raiding party raided the brothel of the said tenant at 00.30 hours. The raiding party noticed one woman and two gents. The said lady told her name and introduced her as the tenant of the said Balasaheb Suryawanshi and those two males told their names as Vishnu Laxman Shinde and Mohammad Juned Mohammad Rauf @ Mohammad Juned Maruf Mohammad Rauf (the applicant herein). On taking personal search of those two males, cash of Rs. 5,000/- and a mobile hand set of Samsung Company Note-3, a SIM Card of Idea Company bearing No. 9028905220, two currency notes of Rs. 2,000/- and two currency notes of Rs. 500/- were found in the personal search of Vishnu Laxman Shinde. In the personal search of the applicant a Mobile of HTC Company, and SIM Card of Idea Company bearing No. 9689712513 and 50 currency notes of 100/- totalling Rs. 5,000/- were found. Those articles were seized. In the adjoining room there was one lady. The said lady on inquiry stated that the said tenant runs a brothel and she (the tenant) calls the said lady on phone. On taking search of the room 20 condoms were found. The said lady also said that the said tenant retains half of the amount and pays her remaining half amount. On taking search of the said tenant, a currency note bearing No. 5 RW 533564 was found, which matched with the note given to the dummy customer. On these allegations, F.I.R. has been fled by the informant Shivaji Shahadev Bharti, A.S.I., B.No. 2039, on the basis of which ofence punishable under Section 3, 4, 5 and 7 of the PITA Act and under section 370 of the I.P.C. has been registered.

4. Heard Shri. H.V.Tungar, learned counsel for the applicant Shri R.V.Dasalkar, A.P.P. for the Respondent/ State.

5. Shri Tungar, the learned counsel for the applicant submitted that the F.I.R. reveals that the applicant was not running the brothel. He further submitted that at the most the applicant will be treated as a customer and a customer does not come within the purview of the PITA Act. He therefore prayed for the quashment of the F.I.R.

6. Pursed the investigation papers. The investigation papers reveal that soon after the raid, panchanama was prepared on 25.3.2018. In the said panchanama the applicant has been described as a customer. Similarly, notice under Section 50 of the Code of Criminal Procedure has been given to applicant and one Vishnu Laxman Shinde and they have been described in the notice as the customers. It is, thus, clear that the prosecution has been treating the applicant as a customer and not the person who was running the brothel. It will have now be seen, whether Sections. 3, 4, 5, 6 and 7 of the PITA encompasses the customer.

7. Section 3 of the PITA Act prescribes punishment for keeping a brothel or allowing premises to be used as a brothel. Admittedly, as per the prosecution own