SAIBABA Vs. STATE

JUDGEMENT

(1.) The petitioner before this Court is calling in question the proceedings in C.C.No.15729/2017 registered for the offences punishable under Ss. 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956.

(2.) A search conducted on a particular lodge resulting in the petitioner being apprehended on the ground that he is a customer in the lodge and the lodge was into the alleged business of prostitution. Therefore, he as a customer was found in the lodge at the time of search. Customers being called into the proceedings under the Immoral Traffic (Prevention) Act, have been found fault with by this Court in plethora of judgments, one of which is rendered in Crl.P.No.1757/2022 wherein, it has been held as follows:

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- The Police on 24/9/2015 conduct a search on premises No.630, 'C' Block, Mahadevapura coming under the jurisdiction of Vidyaranyapuram Police, Mysore where brothel business was being run. During the search, the petitioner was also apprehended and a criminal case against the petitioner and other accused is registered in Crime No.93 of 2015 for offences punishable under Sec. 370(3) of the IPC and Ss. 3 to 6 of the Act. Police, after investigation, have filed a charge sheet in the matter and the case is now numbered as C.C.No.109 of 2018 for the aforesaid offences on the learned Magistrate taking cognizance of the offences against the petitioner and others on 30/1/2018. Challenging the said proceedings, the petitioner is before this Court in the subject petition.