[2025:RJ-JP:40971] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 10080/2022 Virendra Kumar Baid S/o Late Shri Jai Chand Baid, Aged About 59 Years, R/o A-45, Janta Colony, Jaipur, Rajasthan-302004. ----Petitioner/Accused Versus State Of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous Petition No. 10081/2022 Sameer Khatri S/o Late Shri Kishore Kumar, Aged About 38 Years, R/o 158, Kabir Marg, Banipark, Jaipur (Raj). ----Petitioner/Accused Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Anurag Kalavatiya assisted by Mr. Chitransh Mathur Mr. Aditya Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 09/10/2025 Since, these criminal miscellaneous petitions involve similar facts and common question(s) of law, they are being disposed of vide this common order. The prayer in the aforesaid criminal miscellaneous petitions is to quash the criminal proceeding against the petitioners in Criminal Case No.78/2018: State versus Akshay Jain & Ors. under [2025:RJ-JP:40971] (2 of 3) [CRLMP-10080/2022] Sections 3, 4, 5, 6, 7 & 8 of the Immoral Traffic (Prevention) Act, 1956 (for brevity “the Act of 1956”). Sole contention of the learned counsel for the petitioners is that being mere customers, they cannot be held liable for the offence under the aforesaid provisions of the Act of 1956. He further submits that the issue involved herein is no more res integra and stands resolved in their favour by a coordinate Bench of this Court vide its order dated 22.04.2024 in SB Criminal Miscellaneous Petition No.10079/2022: Akshay Jain versus State of Rajasthan whereby, the selfsame criminal case against a co- accused in the instant case was quashed and set aside. He, therefore, prays that the criminal miscellaneous petitions be allowed and the criminal proceeding pending in Criminal Case No.78/2018 in the Court of learned Judicial Magistrate, Jaipur, District Jaipur be quashed and set aside qua them. Although, learned Public Prosecutor opposed the prayer but, could not dispute that the proceeding against the similarly situated co-accused namely Akshay Jain in the selfsame criminal case has already been quashed and set aside by this Court vide its order dated 22.04.2024 on the premise that being customer, he was not liable for any offence under the provisions of the Act of 1956. Heard. Considered. Indisputably, the criminal proceeding against the co-accused namely Akshay Jain in the instant case has already been quashed by a coordinate Bench of this Court vide its order dated 22.04.2024 on the premise that being mere customer, he is not liable for any offence under the provisions of the Act of 1956 and [2025:RJ-JP:40971] (3 of 3) [CRLMP-10080/2022] case of the petitioners is not distinguishable from the case of the co-accused Akshay Jain. In view thereof, these criminal miscellaneous petitions deserve to be allowed. Accordingly, these criminal miscellaneous petitions are allowed. The criminal proceeding against the petitioners in Criminal Case No.78/2018 pending in the Court of learned Judicial Magistrate, Jaipur, District Jaipur is quashed and set aside. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/s-196-197