C.P. RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure to quash Annexure - 1 and II in Crime No. 526/2010 of Keezhvaipur Police Station which is pending before the Judicial First Class Magistrate Court, Thiruvalla in CC No. 136/2011 punishable under S.4 and S.5 of the Immoral Traffic (Prevention) Act, 1956 (for short 'the Act') by invoking inherent power. The petitioner is the 4th accused in the above case, who challenges Annexure - I and II on two grounds that there was violation of mandatory provision of the Act and the investigation was conducted not by a Special Officer appointed by the Government under the Act. If the trial is proceeded it will amount to abuse of the process of Court.

(2.) The 2nd respondent's allegation is that on 30/10/2010 he got information that the petitioner and other accused were indulged in immoral activities. Immediately he arrived at the house and ascertained the genuineness of the information, thereafter arrested A1, A2, A3 and A4 in the presence of the independent witnesses. The articles found there were seized reaching at the Police Station he registered a crime. After investigation the Sub Inspector of Keezhvaipur Police Station laid charge before the Judicial First Class Magistrate Court, Thiruvalla where it was numbered as CC No. 136/2011. The learned counsel appearing for the petitioner contended that the SI of Police Keezhvaipur Police Station is not a special Police Officer under S.13(1) of the Act to file a final report, which is a violation of mandatory provisions of the Act. He relies the decisions reported in Roy v. State of Kerala, 2001 KHC 53 : 2001 (1) KLT 86 : ILR 2001 (1) Ker. 159 : 2000 (8) SCC 590 : AIR 2001 SC 137 : 2001 CriLJ 165 , Sinu Sainudheen v. Sub Inspector of Police, 2002 KHC 152 : 2002 (1) KLT 693 : 2002 (1) KLJ 298 : 2002 CriLJ 3205 , Radhakrishnan K. v. State of Kerala, 2008 (2) KHC 460 : 2008 (1) KLD 763 : 2008 (2) KLJ 68 : 2008 (2) KLT 521 : ILR 2008 (2) Ker. 493 , Abdul Rasheed v. State of Kerala, 2012 (4) KHC 395 : 2012 (2) KLD 923 : 2012 (4) KLT 502 : 2012 (4) KLJ 524 .

(3.) Adverting to the argument I have first considered S.13 of the Immoral Traffic (Prevention) Act, 1956, which reads thus: