The central legal point established in the judgment is the requirement of 'carrying on prostitution' and 'exploitation for commercial purposes' for offenses under the Immoral Traffic (Prevention Act) 1956. The judgment also emphasizes the appointment and limitations on the powers of special police officers for investigating offenses under the Act.

The common petitioner (K. Radhakrishnan) in these petitions filed under Section 482 Cr.P.C. is the first accused in Crime No.782 of 2006 of Taliparamba Police Station for offences punishable under Sections 7 and 8 of the Immoral Traffic (Prevention Act) 1956 (“I.T.P. Act” for short). The petitioner is a Deputy Superintendent of Police (Dy. S.P.) under suspension and working as such in the District Crime Records Bureau (DCRB), Kannur. In Crl.M.C. No.1005 of 2007 he seeks to quash the F.I.R. and all further proceedings in the above Crime. in Crl.M.C. 294 of 2008 he seeks to quash Annexure II final report and all further proceedings including C.C. No.739 of 2007 on the file of the Court of the Judicial Magistrate of the First Class, Thaliparamba.

THE PROSECUTION CASE

2. On 15-12-2006 at 2.45 p.m. one Thaikandy Balakrishnan who was the Vice Chairman of Taliparamba Municipality gave a statement to Habeed Rahman, Dy. S.P., Kannur who was holding additional charge of Taliparamba Sub Division. The statement reads as follows:-

“14-12-2006 was a hartal day. In the morning of that day he had started for attending the procession in connection with the hartal. At about 9 a.m. he noticed a police jeep proceeding to the house of one Padmanabhan, a bank employee and situated near the A.K.S. Stadium at Thoovodu. The local public was also at that time keeping a watch over the said house and its surroundings. He had also noticed the coming and going of a white Maruti Car and the black car now parked in the porch of the said house and bearing Reg. No.KL 5-U 1879 and men and women who were strangers to him were coming and going. After about 9 0’ clock in the night he heard the screams of a woman. The noise became louder after some time. At that time one T. Rajendran and others who are neighboring residents came near the house and peeped through the southern window lying open into the south western bedroom to find a woman and two males lying completely naked on the bed. The two men were lying on either side of the woman. The dark complexioned and fat man who was subsequently identified as the Dy.S.P. was seen indulging in sexual intercourse with the woman and the other man was seen fondling her. It was then 11 0’ clock in the night. Realizing that the above persons were publicly having illegal carnal intercourse, the local public forced open the front door of the house. They got inside the house and found two persons lying asleep on the floor in the entrance room. They found 12 liquor bottles of various brands and glasses on the table, which was laying towages southern wall of the room. The local public including the statement giver then held the four males and one female as captives in the said house and informed the police. One of the two persons found in the entrance room was altering identified to be the driver of the Dy.S.P. The police who came from Taliparamba took the four persons and the woman to the hospital. The police jeep bearing Reg.No.KLO-1 X 9049 in which the Dy.S.P. had arrived there is lying in the car porch of the house”,

After recording the said statement the Dy. Superintendent of Police, Kannur forwarded the same to the Station House Officer, Taliparamba for appropriate action. The Addl. Sub Inspector of Police, Taliparamba registered the above crime on 15-12-2006 at 2.45 p.m.

While the petitioner was at the house of occurrence which is a rented house of the 3rd accused (Rajesh) the local public had barged into the said house armed with motor cycle chains, iron rods etc. and had brutally assaulted the inmates of the house including the petitioner herein resulting in the police taking the injured including the petitioner to the Pariyaram Medical College Hospital from where on the strength of the statement given by the petitioner herein the Taliparamba Police registered Crime No.783 of 2006 for offence punishable under Sections 143, 147, 148, 452, 324 and 294 (b) read with Sec. 149 I.P.C. against 15 identifiable persons.