Allowed

Usha P.T v. State of Kerala

Kerala HC19 Feb 2018Crl.MC/215/2018

Case brief

AI extract

What is this about?

Single Judge High Court of Kerala case allowing a criminal misc. petition to quash further proceedings against the 4th accused in a case under the Immoral Traffic (Prevention) Act, 1956, due to lack of allegations against the petitioner and existence of compromise.

What did the court decide?

All further proceedings against the petitioner in C.C.No.2383/2015 based on Annexure-A2 final report in Crime No.1769/2015 are quashed.

Usha P.T Vs State of Kerala — Kerala HC (2018) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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MONDAY, THE 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939

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Crl.MC.No. 215 of 2018

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C.C.2383/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR CRIME NO.1769/2015 OF KANNUR TOWN, KANNUR

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PETITIONER/4TH ACCUSED:

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USHA P.T., AGED 36 YEARS, W/O VINOD, PATOLI HOUSE, THRIKARIPUR, NADAKKAVU, NEAR GOVERNMENT POLITECHNIC, KASARGODE.

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BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH

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RESPONDENT/STATE AND COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682031.

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2. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT,PIN-670003.

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BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 215 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE FIR NO.1769/2015 DATED 29.9.2015 OF THE KANNUR TOWN POLICE STATION.

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ANNEXURE A2 TRUE COPY OF THE CHARGE ALONGWITH MEMO OF EVIDENCE IN CC NO.2383/2015 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KANNUR DISTRICT, IN CRIME NO.1769/2015 OF THE KANNUR TOWN POLICE STATION.

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RESPONDENT(S)' ANNEXURE

NIL

TRUE COPY

P.S. TO JUDGE

B. KEMAL PASHA, J.

Crl.M.C.No.215 of 2018

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Dated this the 19^th day of February, 2018

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O R D E R

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The petitioner is the 4^th accused in C.C.No.2383/2015 of the Judicial First Class Magistrate's Court-I, Kannur, based on Annexure-A2 final report in Crime No.1769/2015 of the Kannur Town Police Station for the offences under Sections 2(a), 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956. The allegation is that the 1^st accused had brought the accused Nos.2 to 4 women for the purpose of prostitution, and it is found that he was engaged in sexual intercourse with those women including the petitioner.

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On going through the matter, it can be seen that there are no allegations at all as against the petitioner to bring out any of the aforesaid offences within the meaning of Immoral Traffic (Prevention) Act, 1956. Matters being so, all further proceedings against the petitioner in C.C.No.2383/2015 of the Judicial First Class Magistrate's

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Crl.M.C.No.215 of 2018 : 2 :

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Court-I, Kannur, based on Annexure-A2 final report in Crime No.1769/2015 of the Kannur Town Police Station are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner in C.C.No.2383/2015 of the Judicial First Class Magistrate's Court-I, Kannur, based on Annexure-A2 final report in Crime No.1769/2015 of the Kannur Town Police Station are hereby quashed.

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B.KEMAL PASHA, JUDGE

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Usha P.T v. State of Kerala

Case brief

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Usha P.T v. State of Kerala

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