NALLAM DURGA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in Crime No./FIR No.95 of 2008 on the file of Narsapur Town Police Station, West Godavari District, which was registered for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956, (for short, "the Act").

(2.) FIR No.95 of 2008 was registered against the petitioner on the ground that she was running a brothel house at Narasapur and she got a girl by name Shaik Reshma. Statement of the said Reshma was recorded in the presence of mediators to the effect that she was being used by the petitioner for brothel purposes.

(3.) SECTION 13(2) of the Act reads thus: "The special police officer shall not be below the rank of an Inspector of Police." Sub-section 13(2A) of the Act reads thus: "The District Magistrate may, if he considers it necessary or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this Act on a special police officer, with respect to particular cases or classes of cases or to cases generally:" SECTION 13(1) of the Act reads thus: "There shall be for each area to be specified by the State Government in this behalf a special police officer appointed by or on behalf of that Government for dealing with offences under this Act in that area." The word Special Police Officer is defined under SECTION 2(i) of the Act, which reads thus: