MANIRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in the case C.C.No.1381 of 2014 on the file of the Court of the Judicial First Class Magistrate-1, Attingal. He is accused of committing the offences punishable under Sections 3(1) and 5(1)(b) of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as 'the Act').

(2.) On 12.10.2013, the Inspector of Police, Attingal got information that the petitioner and another man and two women had reached house No.V/1252 of Kizhuvilam Panchayat for prostitution. The Inspector prepared memorandum to search the aforesaid house and sent it to the court concerned. Thereafter, he reached that house at about 13.45 hours and conducted search of the house. He saw accused 2 to 4 in a bedroom, making preparation to conduct prostitution. He arrested them and registered Crime No.1145 of 2013 of Attingal police station in the matter. After completing the investigation of the case, AnnexureB final report was filed against the petitioner and accused 2 to 4 for the offences punishable under Sections 3(1) and 5(1)(b) of the Act.

(3.) The charge against the poetitioner is that he had taken on rent house No.V/1252 of Kizhuvilam Panchayat and that he used that house as a brothel. The Judicial First Class Magistrate-1, Attingal has taken cognizance of the aforesaid offences and the case is pending in that court as C.C.No.1381 of 2014. The petitioner seeks to quash the proceedings against him in the case by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').