- 1 - NC: 2025:KHC-D:840 CRL.P No. 102381 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102381 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SRIKANT S/O. REVAN SA DEVALE URF BADDI AGE. 48 YEARS, OCC. BUSINESS, R/O. LINE BAZAR, BHOOVI GALLI, SANGAM CIRCLE, DIST. DHARWAD-580020. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA BETAGERI POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE COGNIZANCE DATED 18.12.2023 AND ENTIRE PROCEEDINGS IN DHARWAD TOWN PS CRIME NO. 121/2023 AGAINST THE PETITIONER/ACCUSED NO.2 HEREIN PENDING ON THE FILES OF II ADDITIONAL CIVIL JUDGE AND JMFC II COURT, AT DHARWAD IN CC NO. 1909/2023 FOR THE OFFENCES P/U/SEC. 3(1),4(1), 5(1) OF IMMORAL TRAFFIC PREVENTION ACT, 1956. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:18 +0530 - 2 - NC: 2025:KHC-D:840 CRL.P No. 102381 of 2024 ORAL ORDER The petitioner-accused No.2 who is sought to be prosecuted for the offences punishable under Section 370 of IPC, and Section 3(1), 4(1) and 5(1) of Immoral Traffic Prevention Act, 1956 is before this Court. 2. The case of the prosecution is that, on 18.10.2023 receiving credible information, a raid was conducted on Karthik Delux Lodge and to make unlawful gain used to call ladies to the lodge to carry out the prostitution. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. The question as to whether a Police Sub-Inspector can investigate the offence under the Act, 1956 was examined by the Co-ordinate Bench of this Court in Crl.P.No.10197/2021 disposed of on 16.02.2022, wherein, at para 9 it has held as follows: “9. Before embarking upon the journey of consideration of the matter on its merits, I deem it appropriate to consider the legal submission made by the petitioner with regard to the registration of the complaint being without jurisdiction and for such consideration, provisions of the Act are germane to be noticed. Section 3(1), 4(1)(2), 5(1)(a) of the Act reads as follows: “3. Punishment for keeping a brothel or allowing premises to be used as a brothel. (1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year - 3 - NC: 2025:KHC-D:840 CRL.P No. 102381 of 2024 and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees. 4. Punishment for living on the earnings of prostitution. (1) Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years. (2) Where any person over the age of eighteen years is proved— (a) to be living with, or to be habitually in the company of, a prostitute; or (b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or (c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1). 5. Procuring, inducing or taking woman or girl for the sake of prostitution. - 4 - NC: 2025:KHC-D:840 CRL.P No. 102381 of 2024 (1) any person who (a) procures or attempts to procure a person, whether with or without her consent, for the purpose of prostitution; or” Section 14 of the Act reads as follows: “Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code: Provided that, notwithstanding anything contained in that Code,— (i) arrest without warrant may be made only by the special police officer or under his direction or guidance, or subject to his prior approval; (ii) when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this Act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made; and the latter officer, before arresting the person, shall inform him of the substance of the order and, on being required by such person, show him the order; (iii) any police officer not below the rank of 49 sub- inspector specially authorised by the special police officer may, if he has reason to believe that on account of delay involved in obtaining the order of the special police officer, any valuable evidence relating to any offence under this Act is likely to be destroyed or concealed, or the person who has committed or is suspected to have committed the offence is likely to escape, or if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given, arrest the person - 5 - NC: 2025:KHC-D:840 CRL.P No. 102381 of 2024 concerned without such order, but in such a case he shall report, as soon as may be, to the special police officer the arrest and the circumstances in which the arrest was made.” 5. In the light of the specific provisions contained in Section 3, 4 and 14 of the Act,1956, the Court can take cognizance of the offence under the Act, 1956, only upon a complaint in the proceedings initiated by a Special Police Officer is the one who is appointed by or on behalf of the State Government. 6. In the instant case, the Police Sub-Inspector is not appointed as a Special Police Officer by the State Government. Therefore, the registration of the FIR culminating in filing of the charge sheet stands vitiated on account of lack of competency. 7. In view of the above, the continuation of the criminal proceedings against the petitioner would be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings dated 18.12.2023 in C.C.No.1909/2023 on the file of the learned II Additional Civil Judge and JMFC II Court, Dharwad, insofar it relates to the petitioner-accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh