Allowed

Ayoob v. State of Kerala

Kerala HC20 Feb 2018Crl.MC/804/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition challenges further proceedings against the second accused for offences under the Immoral Traffic (Prevention) Act, 1956. The High Court held that the final report contained no allegation of prostitution in the room and no evidence against the petitioner. Consequently, the court allowed the petition and quashed all further proceedings against him.

What did the court decide?

Further proceedings in C.C.No.282 of 2017 against the petitioner arising from Crime No.50 of 2017 are quashed.

Ayoob Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

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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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TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

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Crl.MC.No. 804 of 2018

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CC. NO.282/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANANTHAVADY. CRIME NO. 50/2017 OF VELLAMUNDA POLICE STATION, WAYANAD DISTRICT.

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PETITIONER/ACCUSED. NO.2 ------------------------

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AYOOB, S/O. ABDULLA HAJI, AGED 48 YEARS, VAZHAYIL HOUSE, THONDERNADU POST, MANANTHAVADI TALUK, WAYANAD DISTRICT.

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BY ADVS.SRI.P.MOHAMED SABAH SRI. BAIJU NOEL M.

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, MANANTHAVADI POLICE STATION, WAYANAD DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 804 of 2018 ()

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF FIRST IN FORMATION REPORT IN CRIME .NO.50/2017 OF VELLAMUNDA POLICE STATION.

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ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME MNO.50/2017 OF VELLAMUNDA POLICE STATION.

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RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B.KEMAL PASHA, J.

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Crl.M.C.No.804 of 2018

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Dated this the 20^th day of February, 2018

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ORDER

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Petitioner is the 2^nd accused in C.C.No.282 of 2017 of the Judicial First Class Magistrate's Court, Mananthavadi, based on Annexure-2 final report in Crime No.50 of 2017 of the Vellamunda Police Station, for the offences under Sections 5(1)(a), 7(1)(a), 7(1)(b), 7(2)(a), 7(2)(b), 7(2)(c) and 8 of the Immoral Traffic (Prevention) Act, 1956.

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The offences alleged against the petitioner are under Sections 7(2)(a), 7(2)(b), 7(2)(c) of the Act. The allegation is that the 1^st accused had procured CW.4 woman for the purpose of business of prostitution and he had sexual intercourse with CW.4 in the room in the auditorium belongs to the 2^nd respondent. The allegation against the petitioner is that the 1^st accused had committed the said act with the knowledge and consent of the petitioner.

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On going through the final report and also the documents, it has come out that there are absolutely nothing to invite the said offences against the petitioner. There is no

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Crl.M.C.No.804/2018

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allegation that any prostitution was conducted in the room. The only allegation is that the 1^st accused had sexual intercourse with CW.4. Matters being so, all further proceedings in C.C.No.282 of 2017 of the Judicial First Class Magistrate's Court, Mananthavadi, which has arisen from Crime No.50 of 2017 of the Vellamunda Police Station, as against the petitioner, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in C.C.No.282 of 2017 of the Judicial First Class Magistrate's Court, Mananthavadi, which has arisen from Crime No.50 of 2017 of the Vellamunda Police Station, are quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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skj

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True copy

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P.A. to Judge

Ayoob v. State of Kerala

Case brief

What is this about?

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Ayoob v. State of Kerala

Case brief

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