Allowed

Sri Vishal B.S., v. State of Karnataka

Karnataka HC8 Mar 2021CRL.P/6304/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a criminal plea, quashed the charge sheet filed against two petitioners accused of offences under the Immoral Traffic Prevention Act. Relying on prior judgments, the Court held that since the petitioners were customers and not suppliers of services, the specific offences invoked did not attract liability against them. Consequently, the proceedings against them as ac

What did the court decide?

Petition allowed; proceedings initiated against petitioners as accused Nos. 1 and 2 in C.C. No. 12121/2015 quashed.

Sri Vishal B.S., Vs State of Karnataka — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 08^TH DAY OF MARCH 2021

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BEFORE

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THE HON'BLE MR.JUSTICE H.P.SANDESH

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CRIMINAL PETITION No. 6304 OF 2020

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BETWEEN:

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Sri. Vishal B.S., Aged 37 years, S/o. M.B.Somanna, Residing at No.45, 1^st Stage, 1^st Main, K.H.B.Colony, Basaveshwara Nagar, Bengaluru-560079.

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Sri. Manith K., Aged about 31 years, S/o. Kempegowda, Residing at No.28/18, 18^th Cross, 19^th Main, M.C.Layout, Vijayanagar, Bengaluru-560040.

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...Petitioners

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(By Sri. Anil B. Somanna, Advocate)

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AND:

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State of Karnataka Through Viveknagar Police Station, Bengaluru, Represented by S.P.P., High Court of Karnataka, Bengaluru-560001.

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…Respondent

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(By Sri. Mahesh Shetty, HCGP)

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This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the order of registering the case against the petitioner dated 07.05.2015 in C.C.No.12121/2015 and charge sheet for the alleged offence punishable under Sections 3, 4, 5 and 7 of Immoral Prevention Traffic Act pending on the file of the Metropolitan Magistrate Traffic Court 1, Mayo Hall at Bengaluru.

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This Criminal Petition coming on for admission this day, the Court made the following:

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ORDER

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High Court Government Pleader is directed to take notice for the respondent.

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This petition is filed under section 482 of Cr.P.C praying this court to quash the charge sheet in C.C. No. 12121/2015 for the offences punishable under sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act pending on the file of the Metropolitan Magistrate Traffic Court-1, Mayo Hall, Bengaluru and grant such other reliefs.

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The factual matrix of the case is that on 3.3.2014 at around 11.20 PM in front of Sony World Signal, Koramangala Ring Road, L.G.Show Room, in the car bearing No. KA-09 M-6522 these two petitioners were with

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CWs 9 and 10 and indulged in committing the offences under Immoral Traffic Prevention Act and there is also an allegation that accused No.3 supplied CWs 9 and 10 and these petitioners are the customers and made the payment of Rs.2,500/- and hence police have registered a case.

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Counsel appearing for the petitioners would contend that the allegation against these two petitioners is that they are the customers and the offences invoked against the petitioners are not attracted. Counsel also relied upon two judgments of this court in W.P. No. 109749/2016 and in Crl. P. No. 1959/2017 wherein this court held that the offences when invoked against the customers does not get attracted.

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Counsel appearing for the State do not dispute the fact that the petitioners are the customers and in the charge sheet specific allegations made against these two petitioners are that they are the customers at the instance of accused No.3.

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6. Having perused the factual aspects of the case,

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the offences invoked against the petitioners does not get attracted in view of the orders passed by this court stated above, since they are customers. Hence, I pass the following : -

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ORDER

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(a) Petition is allowed.

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(b) Proceedings initiated against the petitioners who have been arrayed as accused Nos. 1 and 2 in C.C. No. 12121/2015 is quashed in respect of these two petitioners.

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Sd/JUDGE

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ckl

Sri Vishal B.S., v. State of Karnataka

Case brief

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Sri Vishal B.S., v. State of Karnataka

Case brief

What is this about?

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