SHAJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case is filed by accused Nos. 1 to 4 in C.C. No. 1621/2009 on the file of the Judicial First Class Magistrate Court, Kattakada, to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code'). It is alleged in the petition that, the petitioners were arrayed as accused Nos. 1 to 4 in C.C. No. 1621/2009, pending before the Judicial First Class Magistrate Court, Kattakada, alleging offences under Section 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956 (hereinafter called the 'Act'). The case of the prosecution was that on 26/10/2009 at 2.45 p.m., accused numbers 1 & 4 and accused 2 & 3 were found engaged in sexual activities in a rented house with No. VP VII/248 and thereby, they have committed the above said offence. None of the ingredients of the above sections have been established in this case. Further the investigation in this case was not conducted by the authorised officer, but by Sub-Inspector of Police, which is also illegal. So under the circumstances, there is no scope for any conviction in this case and this is a fit case where the power under Section 482 of the 'Code' has to be invoked to quash the proceedings. So the petitioners filed this application, seeking the following relief:

(2.) The counsel for the petitioners submitted that, the detection itself was not done by the Circle Inspector of Police, Kattakada, but some other officer-in-charge of that officer. Further the investigation in this case was conducted by the Sub-Inspector of Police, who is not the authorised officer to conduct the investigation. So, the entire procedure adopted is illegal and as such, the proceedings is liable to be quashed. He has also submitted that, there is no case for the prosecution that, the persons arrested were prostitutes engaged in prostitution and they have been secured for this purpose by the other accused persons.

(3.) On the other hand, learned Public Prosecutor submitted that, it is not a case to be quashed at this stage and it can be decided only on the basis of evidence.