Advocates:
['M/S LAW VISION', '', 'A EZHILARASAN', 'V KATTURANI', 'A SUJATHA', 'N VIJAYA BASKER', 'PUBLIC PROSECUTOR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.NO.23247 OF 2021

AND

CRL.M.P.NO.12744 OF 2021

G.Arunkumar

... Petitioner

.Vs.

1. The State Rep. by

The Inspector of Police,

Annadanapatty Police Station,

Salem City.

2. B.Kumar

... Respondents

PRAYER:-

Criminal Original Petition is filed under Section 482 of the

Code of Criminal Procedure, to call for the records relating to

the proceedings in Crime No.493 of 2019 dated 30.08.2019 on the

file of the Inspector of Police, Annadanapatty Police Station,

Salem and quash the same.

For Petitioner :

Mr.N.Vijaya Basker

For R1

:

Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the

FIR in Crime No.493 of 2019, on the file of the 1^st respondent

Police.

2. The case of the prosecution is that the 2^nd respondent,

Inspector of Police attached to the 1^st respondent Police

received an information that prostitution was running in a house

situated at No.322, Trichy Main Road, Dadagapatty, Salem, based

on that information, the 2^nd respondent sent a requisition for

https://hcservices.ecourts.gov.in/hcservices/

conducting search and due to not having sufficient time to get

orders from the learned Additional Mahila Judge, Salem, the 2^nd

respondent along with Police team went to the house of A1, found

that the accused persons are all inside the house and on enquiry

made with one of the lady namely Mahalakshmi, who voluntarily

gave a confession statement disclosing about A1 and A2 with

fancy words lured her to prostitute, so that she can get more

money, based on their compulsion, she had physically compromised

with A3.. Hence, the 1^st respondent Police registered an FIR in

Crime No.493 of 2019, for offence under Sections 3(1), 4(1), 5

(1) and 6(1)(a) of the Immoral Traffic (Prevention) Act, 1956

against the petitioner/A3 and A1 and A2.

3. The learned counsel for the petitioner submitted that the

petitioner does not have contact with A1 and A2 at any point of

time and he visited his friend one Vicky who is staying in the

2^nd floor of the said building and had not committed any such

offence as alleged by the 1^st respondent Police. He further

submitted that the 2^nd respondent registered a false case against

the petitioner for the offences punishable under Sections 3(1),

4(1), 5(1) and 6(1)(a) of Immoral Traffic (Prevention) Act,

1956. The said offences will not get attracted against the

petitioner and he cannot be punished for the aforesaid offences.

The 2^nd respondent himself being a defacto complainant, had

registered the above case and acted as Investigating Officer.

Hence, prejudice would be caused.

4. The learned counsel further submitted that the 2^nd

respondent violated Section 15 of the Immoral Traffic Act, by

making search without warrant and without following the

procedure as contemplated in the Act. The petitioner hails from

a respectable family, due to the registration of FIR, he is

facing lot of problems in is family and further, he lost his

job. Hence, he prayed for quashing of the FIR against the

petitioner.

5. In support of his submissions, the learned counsel for

the petitioner produced the identity proof, copy of his degree

certificate, marriage registration certificate and other

particulars.

6. The learned Additional Public Prosecutor appearing for

the 1^st respondent filed counter and submitted that the 2^nd

respondent, Inspector of Police attached to the 1^st respondent

Police received information that prostitution was running in a

house situated at No.322, Trichy Main Road, Dadagapatty, Salem,

based on that information, the 2^nd respondent along with Police

team went to the house of A1, found that the accused persons

inside the house, on enquiry made with one of the lady namely

Mahalakshmi, who voluntarily gave statement disclosing about A1

https://hcservic