35-WP-2304-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 2304 OF 2022

Mainavati Krishnappa Goda

...Petitioner

Versus

The State Of Maharashtra

...Respondent

….

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

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

….

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

26^th JULY, 2022.

PER COURT

:

1.

The petitioner challenges the order dated 4^th August, 2021

passed by the Special Judge, under POCSO Act, Greater Mumbai in

Special POCSO Case No.297 of 2015 to the extent of directions

issued to senior Inspector of Police, Nagpada Police Station, to close

of Room No.15 Situated at Pandu Maharaj Chawl, Sukhalaji Street,

Kamathipura, Mumbai, after evicting the occupiers, if any, 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 petitioner contend that she was required to shift at her

native place in Karnataka and let out her room premises bearing

Room No. 15, First Floor, Pandu Maharaj Chawl, Kamathipura,

Sajakali Jamadar

1 of 6

SAJAKALI

LIYAKAT

JAMADAR

Digitally

signed by

SAJAKALI

LIYAKAT

JAMADAR

Date:

2022.07.28

20:01:05

+0530

35-WP-2304-2022.doc

Sukhalaji Street, Mumbai to Pintu Mathura Sav for residential

purpose. Leave and License agreement was executed between the

petitioner and the licensee. Subsequently, the petitioner learnt that

the officers of Nagpada Police Station raided the said premises and

accosted 5 Bangladeshi women indulging in prostitution activity.

The licensee Pintu Mathura Sav was arrested in the said case. The

FIR was registered on 13^th March, 2015 vide C.R. No.109 of 2015.

The petitioner directed the tenant to vacate the premises and took

the possession of the said premises. The petitioner occupied the

said premises. On completing investigation, police filed charge-

sheet. Accused Moti @ Babu Galeshwar Razak @ Dhobi and Pintu

Mathura Sav were prosecuted for offences punishable under

Section 370 r/w Section 34 of Indian Penal Code and Sections 3, 4,

5, 6(3)(a) & 7 of the PITA Act and Sections 4, 6 & 17 of the

Protection of Children from Sexual Offences Act, 2012 (for short

“POCSO Act”).

3.

Vide judgment and order dated 28^th July, 2021 the accused

therein were convicted for offence punishable under Section 370

r/w Section 34 of Indian Penal Code and Sections 3, 4, 5, 6(3)(a)

of PITA Act and they were sentenced to suffer imprisonment. Vide

judgment and order dated 4^th August, 2021, the Special Court also

directed the Senior Inspector of Police, Nagpada Police Station to

Sajakali Jamadar

2 of 6

35-WP-2304-2022.doc

close room Nos.15 & 17 situated at Pandu Maharaj Chawl, Sukhlaji

Street, Kamathipura, Mumbai after evicting the occupiers, if any

and ensure closure of the premises.

4.

Learned Advocate for the petitioner submitted that the order

evicting the occupiers of the premises is illegal. The petitioner was

neither the accused nor the witness in the said prosecution. She

was unaware about the status of the investigation. The premises

was let out on leave and license basis. She is the owner and

occupier of the room No.15, situated at the place mentioned herein

above. Statement of the petitioner was 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 4^th August, 2021. The

petitioner has been evicted from the said premises. The owner of

the adjacent premises i.e. Room No.17 which is also directed to be

closed vide the said judgment and order dated 4^th August, 2021 had

preferred the petition before this Court viz. Criminal Writ Petition

No.808 of 2022. The said petition has been allowed by order dated

2^nd May, 2022 by setting aside the direction of closure of the

premises bearing room No.17, situated at Pandu Ma