ALI AHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition has been filed under Section 482 Cr.P.C. to quash all further proceedings against the petitioner/first accused in C.C.No.115/2014 in Crime No.1847/2013 of Perinthalmanna police station pending on the files of the Judicial First Class Magistrate Court-I, Perinthalmanna.

(2.) Petitioner's case can be summarized as follows: Petitioner is the first accused in C.C.No.115/2014 on the files of the Judicial First Class Magistrate Court-I, Perinthalmanna. Prosecution case is that on 11.12.2003 at about 01.00 p.m, the Circle Inspector of Police, Perinthalmanna conducted a search in the lodge run by the petitioner and found that the accused No.2 to 7 were inside the lodge rooms engaged in prostitution for money. Accused No.2 to 7 were arrested and the case was registered. Thereafter, Circle Inspector, Pandikkad conducted the investigation, questioned the witnesses and filed charge under Secs 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act , 1956 (hereinafter called as 'the Act').

(3.) According to the petitioner, under the provisions of the Act, arrest and investigation has to be conducted by a Special Police Officer as provided under Section 2(i) and 13 of the Act. It is also his contention that there is no provision under Section 14(ii) of the Act to empower the special police officer to authorise investigation of the case to be conducted by any other officer.