- 1 - NC: 2025:KHC:10351 CRL.P No. 12470 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12470 OF 2024 BETWEEN: 1. SUNNY MAHATO SON OF PAVAN MAHTO AGED ABOUT 34 YEARS RESIDING AT Q.T.R. NO. 5, 7TH CROSS, KAUSHAL NAGAR, PATNA, BIHAR-800 001. 2. NEMNEIVAH HAOKIP DAUGHTER OF HEMLAM HAOKIP AGED ABOUT 30 YEARS RESIDING AT LEIMATA, LEIMATAK POWER STATION, L. PHAIKHOLUM, CHURACHANDPUR, MANIPUR 795 128. 3. ATHRONGLA DAUGHTER OF YANGTSITHRONG AGED ABOUT 30 YEARS RESIDING AT NO.362, SRI MATHA GURU KRUPA NILAYA, MUNISWAMAPPA GALLI, PIPELINE ROAD, YESHWANTHPUR, BENGALURU 560 022. 4. KAUSHIK DAS KANUNGO SON OF UPENDRA CHANDRA AGED ABOUT 30 YEARS RESIDING AT SARADA SARANI Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10351 CRL.P No. 12470 of 2024 NATIONAL HIGHWAY, SILCHAR, CACHAR, ASSAM-788 012. …PETITIONERS (BY SRI. SATCHIDANANDA R JOIS, ADVOCATE FOR SRI. R. KIRAN., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SADASHIVANAGAR POLICE STATION, BENGALURU 560 012. REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU 560 001. …RESPONDENT (BY SRI. ANOOP KUMAR M V, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER BY THE SADASHIVANAGAR P.S., IN S.C.NO.667/2024 BEFORE THE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGLAURU CCH-46 FOR THE OFFENCE PUNISHABLE UNDER SECTION 3,4,5,6 OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956 AND SEC.370 OF IPC AT ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners-accused Nos.1 to 4 who are facing trial for the offences punishable under Sections 3,4,5,6 of the Immoral Traffic Prevention Act, 1956 and Section 370 of the Indian Penal Code, 1860 are before this Court seeking relief. - 3 - NC: 2025:KHC:10351 CRL.P No. 12470 of 2024 2. The prosecution alleges that the Inspector of C.C.B, OCW Wing, received information on 16.06.2022, that certain illicit and immoral activities were being carried out at a Spa-centre. He informed his superiors and along with Police personnel and witnesses conducted the raid at the Spa from 7.30 p.m. to 10 p.m., and upon raid and inspection, 8 foreign women nationals were rescued, and 5 customers of the Spa were taken into custody. The petitioners No. 1 and 2 were present at the spot at the time of conducting of the raid. 3. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State. 4. In the instant case, the Sub-Inspector of the Police has conducted an investigation and after completing the investigation, submitted the charge sheet. 5. Section 2(i) of the Immoral Traffic Prevention Act, 1956 defines ‘special police officer’ as a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purpose of the said Act. Section 13 of the said Act further prescribes that there shall be for each area, as specified by the State Government, a specified officer, not below the rank of an Inspector of Police, appointed by or on behalf of the State Government for dealing with offences under the said Act. 5.1. Thus, where only a Special Police Officer of the rank of the Inspector is empowered to investigate into the offences under this Act, and no notification is issued by the State Government to be in charge of Police duties within a specified area, for the - 4 - NC: 2025:KHC:10351 CRL.P No. 12470 of 2024 purpose of investigation into the offences under the Act, the Sub- Inspector could not have investigated into offences as alleged herein. 6. Therefore, in the absence of any power to conduct an investigation, the registration of the impugned FIR culminating in the filing of the charge sheet by the Police stands vitiated for want of authority. Hence, the continuation of the criminal proceedings would be an abuse of process of law. Accordingly, I pass the following: ORDER i) The Criminal petition is allowed. ii) The Impugned proceedings in S.C.No.667/2024 on the file of the XLV Additional City Civil & Sessions Judge, Bengaluru-CCH-46, insofar it relates to petitioners-accused Nos.1 to 4 is hereby quashed. I.A.No.1/2024 does not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 9