Case Note & Summary
The petitioner, Savio R. D'Souza, filed a Criminal Writ Petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of FIR and chargesheet in Crime No. 123/2014 registered at Police Station, Mapusa, for offences under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC. The case arose from a raid conducted on 9.8.2014 at a massage parlour named 'Venus & Mars Salon-Spa Body Care' based on information that girls were engaged in prostitution. The petitioner was arraigned as accused no.8. The petitioner contended that there was no prima facie evidence against him and the investigation was biased. The learned Additional Public Prosecutor conceded that barring the initial information, there was no material to connect the petitioner with the crime. The court, after hearing both sides, held that the chargesheet against the petitioner was liable to be quashed as there was no prima facie case. The court allowed the petition and quashed the chargesheet against the petitioner, while clarifying that the trial against other accused would continue.
Headnote
A) Criminal Procedure Code - Quashing of Chargesheet - Inherent Powers - Section 482 CrPC - Where there is no prima facie material to connect the accused with the crime, the chargesheet is liable to be quashed to prevent abuse of process of court. The court may exercise its inherent powers even when the prosecution concedes the lack of evidence. (Paras 2-3) B) Immoral Traffic (Prevention) Act, 1956 - Prostitution - Lack of Evidence - Sections 3, 4, 5 - The mere fact that a raid was conducted on a massage parlour on suspicion of prostitution does not justify arraigning a person as accused without any material linking him to the offence. The prosecution conceded that barring initial information, there was no evidence against the petitioner. (Paras 2-3) C) Indian Penal Code - Trafficking - Section 370 - Absence of Evidence - Where the chargesheet contains no prima facie material to show that the accused was involved in trafficking, the proceedings under Section 370 IPC are liable to be quashed. (Paras 2-3)
Issue of Consideration
Whether the FIR and chargesheet against the petitioner should be quashed for lack of prima facie material to connect him with the alleged offences under the ITP Act and IPC.
Final Decision
The court allowed the petition and quashed the chargesheet against the petitioner. The trial against other accused to continue.
Law Points
- Quashing of criminal proceedings
- lack of prima facie evidence
- inherent powers under Section 482 CrPC
- Immoral Traffic (Prevention) Act
- 1956
