P.D.RAJAN
C. P. Raju – Appellant
Versus
State of Kerala – Respondent
1. This is a petition filed under Section 482 of the Code of Criminal Procedure to quash Annexure-1 and II in Crime No.526/2010 of Keezhvaipur police station which is pending before the Judicial First Class Magistrate Court, Thiruvalla in CC.No.136/2011 punishable under Section 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short 'the Act') by invoking inherent power. The petitioner is the 4th accused in the above case, who challenges Annexure-I and II on two grounds that there was violation of mandatory provision of the Act and the investigation was conducted not by a special officer appointed by the Government under the Act. If the trial is proceeded it will amount to abuse of the process of court.
2. The 2nd respondent's allegation is that on 30.10.2010 he got information that the petitioner and other accused were indulged in immoral activities. Immediately he arrived at the house and ascertained the genuineness of the information, thereafter arrested A1, A2, A3 and A4 in the presence of the independent witnesses. The articles found there were seized reaching at the police station he registered a crime. After investigation the Sub Inspector of Keezhvaipur
Abdul Rasheed v. State of Kerala (2012(4) KHC 395)
Joseph v. Sub Inspector of Police (2003(3) KLT 718)
H.N.Rishbud v. State of Delhi (AIR 1955 SC 196)
N.H.Rishbud and Indersingh v. State of Delhi (AIR 1955 SC 196
Radhakrishnan K. v. State of Kerala (2008(2) KHC 460)
DelhiAdministration v. Ram Singh (AIR 1962 SC 63)
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