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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Manikandaprabu – Appellant
Versus
State of Tamil Nadu Rep by, The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. prostitution as a societal crime undermining human dignity (Para 2 , 3 , 4) |
| 2. importance of constitutional approach in trafficking cases (Para 5 , 6) |
| 3. prosecution's allegations and preliminary facts (Para 7 , 8) |
| 4. legal defense based on procedural safeguards (Para 9 , 10 , 11) |
| 5. prosecution asserts prima facie materials exist (Para 12 , 13) |
| 6. trafficking as a grave societal issue (Para 16 , 17) |
| 7. threshold for prima facie evidence in quash applications (Para 18 , 19 , 25) |
| 8. evaluating compliance with itpa search protocols (Para 20 , 21 , 23) |
| 9. state's duty to respond robustly against trafficking (Para 26 , 27) |
| 10. need for victim protection and rehabilitation (Para 28 , 30 , 31 , 32) |
| 11. conclusion dismissing the petition (Para 33 , 34) |
ORDER :
L.VICTORIA GOWRI, J.
Criminal Original Petition filed under Section 482 Cr.P.C., 1973 / Section 528 BNSS , 2023, praying to call for the records relating to the charge sheet in C.C.No.540 of 2021 on the file of the learned Judicial Magistrate No.II, Madurai, arising out of Crime No. 731 of 2019, and quash the same insofar as the petitioner (A2) is concerned. Prologue:
2. The offence alleged in the present case transcends a mer
The court ruled that trafficking and sexual exploitation are grave societal crimes, warranting strict adherence to statutory procedures, yet not subjected to quashing unless a case is frivolous.
The main legal point established in the judgment is the importance of complying with mandatory provisions under the Immoral Traffic (Prevention) Act, the distinction between mandatory and directory p....
Customers cannot be prosecuted under the Immoral Traffic (Prevention) Act without evidence of trafficking, but may be liable under Section 370(A)(2) IPC if they had reason to believe victims were tra....
Sex workers are victims, not perpetrators, absent evidence of soliciting or pimping under ITP Act.
The absence of evidence proving that victims were trafficked or exploited negates the applicability of Section 370(A)(2) IPC against customers.
FIR quashed for lacking prima facie case and material evidence beyond mere suspicion in trafficking allegations.
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