MAQSOOD MOHAMMED MUSTAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the Counsel for the parties, heard finally at the stage of admission.

(2.) The challenge in this Petition is to the judgment and order dtd. 4/8/2021 passed by the learned Special Judge in Special POSCO Case No.297 of 2015, to the extent the learned Special Judge directed the closure of the brothel i.e. Room No.15 and 17, Pandu Maharaj Chawl, Sukhalaji Street, Kamathipura, Nagpada, Mumbai, in exercise of the powers under Sec. 18 of the Immoral Traffic (Prevention) Act, 1956 ('PITA').

(3.) In the said Special POSCO Case No.297 of 2015, the accused namely Moti @ Babu Baleshwar Razak @ Dhobi and Mr. Pintu Mathura Sav, were prosecuted for the offences punishable under Sec. 370 read with Sec. 34 of the Indian Penal Code, 1860 (Penal Code) and Ss. 3, 4, 5, 6(3)(a) of the Immoral Traffic (Prevention) Act, 1956 and under Ss. 4, 6, and 17 of the Protection of Children from Sexual Offences Act, 2012 (POSCO). The learned Special Judge returned the finding of guilt against the accused for the offences punishable under Sec. 370 read with Sec. 34 of the Indian Penal Code and Ss. 3, 4, 5 and 6(3)(a) of the PITA. The accused were, however, acquitted of the offences punishable under Sec. 7 of the PITA and Ss. 4, 6 and 17 of the POSCO Act.