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2024 Supreme(All) 520

ARUN KUMAR SINGH DESHWAL
Dinesh Tiwari @ Dhirendra Kumar Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants : Anshumali Srivastava, Mayank Srivastava.

Judgement Key Points

Key Points: - The judgment states that violation of Section 15(2) is irregular but not a ground for quashing the proceeding; evidence scrutiny is required. (!) (!) - It holds that a customer found in a brothel cannot be held liable under Sections 3/4/5/7/8/9 of the Act. (!) (!) (!) (!) - The proceeding was quashed against the applicant because the person was a customer and not liable under the cited sections. (!) - Section 15(2) requires two witnesses (one may be a woman) for searches without a warrant; absence of witnesses makes search doubtful but not automatically void. (!) (!) (!) (!) - The analysis differentiates between acts constituting keeping/managing a brothel (Section 3) and mere customer presence (not liable) under the Act. (!) (!) - The court references thatSection 7 or 8 do not apply to a solitary customer absent other statutory circumstances. (!) (!) - The decision emphasizes trial-level consideration of irregularities in Section 15(2) without barring the case from trial. (!) (!) - The final outcome: application under Cr.P.C. Section 482 quashed the proceeding in Case No. 426 of 2007. (!) (!)

How to determine whether a violation of Section 15(2) of the Immoral Traffic (Prevention) Act invalidates the entire proceeding?

What is the liability of a customer found in a brothel under Sections 3/4/5/7/8/9 of the Act?

What is the court's ruling on quashing the proceeding when the search was conducted in violation of Section 15(2) but the customer was not liable under the Act?


JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard learned counsel for the applicant and Sri Arvind Kumar Tripathi learned A.G.A. for the State.

2. The instant application u/s 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of Case No. 426 of 2007 (State vs. Rashmi Srivastava and Others), arising out of Case Crime No. 137 of 2006, under Sections 3/4/5/7/8/9 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as “Act”) P.S. Sarojini Nagar, District Lucknow, including the charge sheet No. 7 of 2006 dated 7.8.2006, pending before Judicial Magistrate-III, Lucknow.

3. Though the present application has been filed after a considerable delay, this is being entertained because question of law is involved here.

4. The facts, giving rise to the present impugned proceeding, are that on 11.6.2006, the police conducted a search of a house that belonged to one Haji, on the information received from an informer that some of the persons were conducting prostitution. During the search, the applicant was found in an intimate position with co-accused lady “S” (name changed), who was allegedly involved in prostitution in a locked room. As per the police, S.H.O. had see

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