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2026 Supreme(Online)(Ker) 23282

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHEMEER @ ANOOP – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PEEYUS A.KOTTAM
For the Respondents: SR.PUBLIC PROSECUTOR-SRI.BREEZ M.S.

Table of Content
1. factual background of the case and accused's involvement. (Para 1 , 2)
2. arguments regarding the legal liability of the petitioner as a customer. (Para 3 , 5)
3. court's conclusion favoring the quashing of proceedings. (Para 6 , 7)

O R D E R Dated this the 17th day of March, 2026 The 1st accused in Crime No.852/2013 of Kothamangalam Police Station, which is now pending as CC. 562/2015 on the file of the Judicial First Class Magistrate, Kothamangalam, filed this Crl.M.C. under Section 528 of the BNSS, praying for quashing all further proceedings against the petitioner. The offences alleged against the petitioner and the co-accused are under Sections

2(f), 3,4, and 5 of the Immoral Traffic (Prevention) Act, 1956 .

2. The prosecution case is that on 20.6.2013, in the morning, the 1st accused took the 3rd accused in the car of the 2nd accused to a lodge belonging to the 4th accused, in which the 1st accused, after paying consideration to the 3rd accused, had sexual intercourse with her. It is also alleged that the 2nd accused made all arrangements for the accused persons 1 and 3 to have sexual intercourse with each other.

3. According to the learned counsel for the peti

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