Virendra Kumar Baid S/O Late Shri Jai Chand Baid, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Virendra Kumar Baid S/O Late Shri Jai Chand Baid, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both criminal miscellaneous petitions allowed; the criminal proceeding against the petitioners in Criminal Case No.78/2018 pending in the Court of learned Judicial Magistrate, Jaipur, District Jaipur quashed and set aside; pending application(s), if any, disposed of.

Issue for consideration

Whether the petitioners, being mere customers, can be held liable for the offence under Sections 3, 4, 5, 6, 7 & 8 of the Immoral Traffic (Prevention) Act, 1956, and whether the criminal proceeding against them in Criminal Case No.78/2018 deserves to be quashed in view of the coordinate Bench order dated 22.04.2024 in favour of co-accused Akshay Jain.

Court's answer

The case of the petitioners is not distinguishable from that of co-accused Akshay Jain, against whom the criminal proceeding in the selfsame case (Criminal Case No.78/2018) had already been quashed by a coordinate Bench of this Court on the premise that a mere customer is not liable for any offence under the provisions of the Act of 1956; in view thereof, the criminal miscellaneous petitions deserve to be and are allowed.

Ratio / Principle

The criminal proceeding against the petitioners in Criminal Case No.78/2018 pending in the Court of learned Judicial Magistrate, Jaipur, District Jaipur is quashed and set aside.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), by common order, allowed two connected criminal miscellaneous petitions (S.B. Criminal Miscellaneous Petition Nos. 10080/2022 and 10081/2022) filed by Virendra Kumar Baid and Sameer Khatri, and quashed and set aside the criminal proceeding against them in Criminal Case No.78/2018 (State versus Akshay Jain & Ors.) under Sections 3, 4, 5, 6, 7 & 8 of the Immoral Traffic (Prevention) Act, 1956, pending before the learned Judicial Magistrate, Jaipur. The Court proceeded on the undisputed position that a coordinate Bench, vide order dated 22.04.2024 in SB Criminal Miscellaneous Petition No.10079/2022 (Akshay Jain versus State of Rajasthan), had already quashed the proceeding against co-accused Akshay Jain in the selfsame criminal case on the premise that, being a mere customer, he was not liable for any offence under the Act of 1956. Holding the petitioners' case not distinguishable from that of Akshay Jain, the Court allowed the petitions; pending applications stood disposed of.

[2025:RJ-JP:40971]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Petition No. 10080/2022

Virendra Kumar Baid S/o Late Shri Jai Chand Baid, Aged About 59 Years, R/o A-45, Janta Colony, Jaipur, Rajasthan-302004.

----Petitioner/Accused

Versus

State Of Rajasthan, Through P.P.

----Respondent

Connected With

S.B. Criminal Miscellaneous Petition No. 10081/2022

Sameer Khatri S/o Late Shri Kishore Kumar, Aged About 38 Years, R/o 158, Kabir Marg, Banipark, Jaipur (Raj).

----Petitioner/Accused

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)	: Mr.	Anurag Kalavatiya assisted by
	Mr.	Chitransh Mathur
	Mr.	Aditya Sharma
For Respondent(s)	: Mr.	Manvendra Singh Shekhawat,P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

09/10/2025

Since, these criminal miscellaneous petitions involve similar facts and common question(s) of law, they are being disposed of vide this common order.

The prayer in the aforesaid criminal miscellaneous petitions is to quash the criminal proceeding against the petitioners in Criminal Case No.78/2018: State versus Akshay Jain & Ors. under

[2025:RJ-JP:40971]

[CRLMP-10080/2022]

(2 of 3)

Sections 3, 4, 5, 6, 7 & 8 of the Immoral Traffic (Prevention) Act, 1956 (for brevity “the Act of 1956”).

Sole contention of the learned counsel for the petitioners is that being mere customers, they cannot be held liable for the offence under the aforesaid provisions of the Act of 1956. He further submits that the issue involved herein is no more res integra and stands resolved in their favour by a coordinate Bench of this Court vide its order dated 22.04.2024 in SB Criminal Miscellaneous Petition No.10079/2022: Akshay Jain versus State of Rajasthan whereby, the selfsame criminal case against a coaccused in the instant case was quashed and set aside. He, therefore, prays that the criminal miscellaneous petitions be allowed and the criminal proceeding pending in Criminal Case No.78/2018 in the Court of learned Judicial Magistrate, Jaipur, District Jaipur be quashed and set aside qua them.

Although, learned Public Prosecutor opposed the prayer but, could not dispute that the proceeding against the similarly situated co-accused namely Akshay Jain in the selfsame criminal case has already been quashed and set aside by this Court vide its order dated 22.04.2024 on the premise that being customer, he was not liable for any offence under the provisions of the Act of 1956.

Heard. Considered.

Indisputably, the criminal proceeding against the co-accused namely Akshay Jain in the instant case has already been quashed by a coordinate Bench of this Court vide its order dated 22.04.2024 on the premise that being mere customer, he is not liable for any offence under the provisions of the Act of 1956 and

(3 of 3) [CRLMP-10080/2022]

[2025:RJ-JP:40971]

case of the petitioners is not distinguishable from the case of the co-accused Akshay Jain. In view thereof, these criminal miscellaneous petitions deserve to be allowed.

Accordingly, these criminal miscellaneous petitions are allowed. The criminal proceeding against the petitioners in Criminal Case No.78/2018 pending in the Court of learned Judicial Magistrate, Jaipur, District Jaipur is quashed and set aside.

Pending application(s), if any, also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

Manish/s-196-197