- 1 - NC: 2025:KHC-D:531 CRL.P No. 103940 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103940 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. KISHAN S/O. VITTAL GOKRAL AGED ABOUT 26 YEARS, OCC. BUSINESS, R/O. NO.34, NEAR R. N. SHETTY MARBAL FACTORY, OPPOSITE TO ORIENTAL SCHOOL, GOKUL ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. G.I.GACHCHINAMATH, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH POLICE INSPECTOR, CYBER CRIME POLICE STATION, HUBBALLI DHARWAD CITY, R/BY STATE PUBLIC PROSECUTOR, DHARWAD, DIST. DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS PERTAINING TO C.C. NO. 272/2021 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HUBBALLI ARISING OUT OF CR. NO. 99/2019 OF CYBER CRIME POLICE STATION, HUBBALLI DHARWAD CITY FOR THE ALLEGED OFFENCE PUNISHABLE U/S 370 R/W 34 OF IPC AND SECTION 3(1), 4(1), 4(2A), 5(A) OF ITP ACT, 1956 SO FAR IT PERTAINS TO PETITIONER/ACCUSED NO.2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 09:49:48 +0530 - 2 - NC: 2025:KHC-D:531 CRL.P No. 103940 of 2022 ORAL ORDER 1. The petitioner has been charge-sheeted for the offences punishable under Section 370 read with Section 34 of the IPC and Sections 3(1), 4(1), 4(2), and 5(1A) of the Immoral Traffic (Prevention) Act, 1956 (IT(P) Act). 2. The case of the prosecution is that the petitioner/accused No.2 herein was running a spa business, trafficking women from various places, and appointing them for massage work. Under the guise of providing massage services, activities in violation of the IT(P) Act were allegedly carried out in the said spa. 3. Admittedly, the investigation was conducted by a Police Inspector. Whether a Police Inspector is authorized to conduct investigations in relation to offences under the IT(P) Act was examined by a co-ordinate Bench of this Court in Crl.P.No.101975/2021, disposed of on 16.02.2022. It was held that a Police Inspector is not a Special Officer authorized to conduct investigations into offences under the IT(P) Act, and Section 370 of the IPC does not apply, as it pertains to offences related to the buying or disposing of any person as a slave. Therefore, this petition also requires disposal in terms of the order passed in Crl.P.No.101975/2021. - 3 - NC: 2025:KHC-D:531 CRL.P No. 103940 of 2022 4. Accordingly, the petition is allowed. The impugned proceedings in CC No.272/2021 (arising out of Crime No.99/2019 of Cyber Crime Police Station, Hubballi) pending on the file of Prl. Civil Judge and JMFC, Hubballi, insofar it relates to petitioner/accused No.2, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 10