In this Revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the Ist accused in Crime No. 227 of 2008 of Museum Police Station, Thiruvananthapuram registered for offences punishable under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 ("the Act" for short) challenges the order dated 9-2-2009 passed by the Chief Judicial Magistrate, Thiruvananthapuram, taking cognizance of the offences punishable under Sections 3 and 4 of the Act after assigning a number to the case as C.C. No. 268 of 2008 and issuing process against accused Nos. 1 and 2 . To avoid embarrassment for the parties concerned their real names have been disguised in this order.

2. Thecase of the prosecution can be summarised as follows:- On 27-6-2008 the Ist accused (A1 for short) who is a retired Rear Admiral by name Mr. X, aged 65 years and hailing from Central Kerala, called Miss. A, the 2nd accused (A2 for short) aged 21 years, hailing from Chirayinkeezhu into his rented premises, namely, Room No. 108 of the Government Guest House, Thycaud. At about 12.20 p.m. on that day A1 and A2 were found indulging in illicit sexual intercourse. On a tip off by the Administrator of the Guest House, the