34-WP-2297-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 2297 OF 2022

1. P. Anita Shriniwas Rao

2. Paramata Srinivasarao

...Petitioners

Versus

State Of Maharashtra

...Respondent

….

Mr. Prabhanjay R. Dave, Advocate for the Petitioners.

Mr. Arfan Sait, APP for the Respondent – State.

….

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

26^th JULY, 2022.

PER COURT

:

1.

The petitioners have challenged the order dated 21^st April,

2021 passed by the Special Judge, under POCSO Act, 2012, Greater

Mumbai in POCSO Special Case No.527 of 2015 to the extent of

directions issued to Senior Inspector of Nagpada Police Station,

about the closure of Room Nos. 11 and 12, situated at Bori Chawl,

1^st Floor, Opposite Apollo Hotel, 11^th Lane, Kamathipura, Nagpada,

Mumbai, within a period of 7 days from the date of order. The said

order was passed in exercise of powers under Section 18 of the

Immoral Traffic (Prevention) Act, 1956 (for short ‘

PITA Act’).

2.

The petitioners contend that, they were required to shift at

her native place in Andhra Pradesh and let out their room premises

Sajakali Jamadar

1 of 6

SAJAKALI

LIYAKAT

JAMADAR

Digitally

signed by

SAJAKALI

LIYAKAT

JAMADAR

Date:

2022.07.28

20:01:05

+0530

34-WP-2297-2022.doc

bearing Room Nos. 11 and 12, Bori Chawl, 1^st Floor, Opposite

Apollo Hotel, 11^th Lane, Kamathipura, Nagpada, Mumbai, to

Sandhya Satyanarayan Gauda for residential purpose. Leave and

License agreement was executed between petitioners and the

licensee. Subsequently, the petitioners learnt that the officers of

Nagpada Police Station raided the said premises and accosted 2

Bangladeshi women indulging in prostitution activity. The licensee

Sandhya Satyanarayan Gauda was arrested in the said case. The

FIR was registered on 21^st July, 2015 vide C.R. No.309 of 2015.

The petitioners directed the tenant to vacate the premises and took

the possession of the said premises. The petitioners occupied the

said premises. On completing investigation, police filed charge-

sheet. Accused Sandhya Satyanarayan Gauda was prosecuted for

offences punishable under Section 370 of Indian Penal Code and

Section 6 r/w 16 of the Protection of Children from Sexual

Offences Act, 2012 (for short “POCSO Act”) and Sections 3, 4, 5, 6

& 7 of the The Immoral Traffic (Prevention) Act, 1956 (for short

‘PITA Act’).

3.

Vide judgment and order dated 21^st April, 2022 the accused

was convicted for offence punishable under Section 370 of Indian

Penal Code and Sections 3, 4, 5(1)(a) of the PITA Act and they

were sentenced to suffer imprisonment. Vide judgment and order

Sajakali Jamadar

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dated 21^st April, 2022 the Special Court also directed the Senior

Inspector of Nagpada Police Station that, after evicting the

occupiers of brothels i.e. Room Nos. 11 and 12, Bori Chawl, 1^st

Floor, Opposite Apollo Hotel, 11^th Lane, Kamathipura, Nagpada,

Mumbai, ensure closure of the said premises within a period of 7

days from the date of the order.

4.

Learned Advocate for the petitioners submitted that the order

evicting the occupiers of the premises is illegal. The petitioners

were neither the accused nor the witnesses in the said prosecution.

They were unaware about the status of the investigation. The

premises was let out on leave and license basis. They are the

owners and occupiers of Room Nos. 11 and 12, Bori Chawl, 1^st

Floor, Opposite Apollo Hotel, 11^th Lane, Kamathipura, Nagpada,

Mumbai. The statements of the petitioners were not recorded

during investigation. No inquiry was conducted under Section 18

of the PITA Act. The FIR was registered in 2015. The order under

Section 18 of the PITA Act passed on 21^st April, 2022, the

petitioners have been evicted from the said premises. In similar

case the owner of the premises i.e. Room Nos.15 & 17 Situated at

Pandu Maharaj Chawl, Sukhalaji Street, Kamathipura, Mumbai,

were directed to be closed vide the said judgment