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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^th DAY OF JANUARY, 2018

BEFORE

THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.8492/2017

BETWEEN:

H.N.RAVIRAJ

S/O LATE NAGARAJAIAH,

AGED ABOUT 58 YEARS,

R/AT HULLUKODU,

HORANADU VILLAGE & POST,

KALASA, MUDIGERE,

CHIKKAMANGALURU DISTRICT-577 181.

... PETITIONER

(BY SRI BALAKRISHNA M.R., ADV.,)

AND:

THE STATE OF KARNATAKA

BY KALASA POLICE STATION,

MUDIGERE TALUK,

CHIKKAMANGALURU DISTRICT,

REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU-560 001.

...RESPONDENT

(BY SRI S.RACHAIAH, HCGP)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO

QUASH THE FIR IN CRIME NO.84/2017 DATED 09.10.2017

OF KALASA POLICE STATION, CHIKKAMAGALURU DISTRICT,

PENDING ON THE FILE OF HON'BLE ADDITIONAL CIVIL

JUDGE

(JR.DIV)

AND

JMFC

AT

MUDIGERE,

CHIKKAMANGALURU DISTRICT, FOR THE OFFENCES P/U/S

3 AND 5 OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT PASSED THE FOLLOWING:-

ORDER

Heard the learned counsel for the petitioner and the

learned

High

Court

Government

Pleader

for

the

respondent-State and perused the records.

The petitioner has sought for quashing of the FIR

registered in Crime No.84/2017 dated 09.10.2017 by the

respondent-Police pending on the file of Additional Civil

Judge (Jr.Dn) and JMFC, Mudigere, Chikkamangaluru

District, for the offences punishable under Sections 3 and

5 of the Immoral Traffic Prevention Act, 1956.

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2. The brief factual matrix that emanate from the

records are that, the Assistant Sub-Inspector of Police

attached to the respondent - Police Station has received a

credible information that some people are committing the

offence of immoral traffic by engaging themselves in

Annapoorna Lodge at Horanadu and the Assistant Sub-

Inspector of Police found that the accused persons as well

as another lady were involved in sexual activity and the

Police also came to know that accused No.2 is the owner of

the said lodge and accused No.1 and another lady were

engaged in sex in the said lodge. On these allegations, the

Assistant Sub-Inspector of Police has registered a case and

virtually investigated the matter, but the charge sheet is

not at all appears to have been filed.

3. The learned counsel relied upon the decision of

the Apex Court in the case of Delhi Administration Vs.

Ram Singh reported in AIR 1962 SC 63, wherein it is

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held that suppression of Immoral Traffic in Women and

Girls Act, 1956, shall be investigated only by the Special

Police Officer and not by other police officer. Having found

that the police officer who has no competence to

investigate the matter, the Court has quashed such

proceedings.

4. In a similar matter, before this Court in the case of

Shankare

Gowda

@

Shankara

Vs.

State

by

Madanayakanahalli Police Station, Bengaluru and

Another reported in ILR 2016 KAR 3067, this Court has

also

categorically

observed

that

Immoral

Traffic

(Prevention) Act, 1956, particularly Section 13 of the said

Act mandates that the Special Officer and the Advisory

Body have to investigate the matter and no other police

officer have competence to investigate the same. At

paragraph No.14, it is categorically held that the

investigation since not steered by Special Officer appointed

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by Section 13 of the Act, is illegal and vitiated, though the

trial has already begun, having noticed the basic infirmity

allowing the proceedings to continue any more is abuse of

the process of the Court itself. On that count, the

proceedings were quashed.

5. In this particular case, it is seen that the entire

investigation is done by the Assistant Sub-Inspector of

Police. Therefore, such investigation is hit by Section 13 of

the said Act. Hence, the same is li