Case Note & Summary
The petitioner, Abhishek Mishra, filed a Criminal Writ Petition before the High Court of Bombay at Goa seeking quashing of the FIR and chargesheet filed against him in connection with a raid conducted on a massage parlour named 'Venus & Mars Salon-Spa Body Care' on 9 August 2014. The raid was based on information that the spa was involved in prostitution through cross massage. Several persons were arrested, and the petitioner was arraigned as accused no.8. The petitioner contended that there was no prima facie material to justify his involvement, and he was not named in the FIR. The learned Judicial Magistrate First Class, Mapusa had taken cognizance of offences under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC and issued summons to the petitioner. The petitioner argued that the investigation was biased and the chargesheet was filed without evidence. The Additional Public Prosecutor for the State conceded that barring the initial information that led to the raid, there was no material to connect the petitioner with the crime and agreed that it was a fit case to quash the chargesheet. The Court, after hearing both sides, allowed the petition and quashed the chargesheet against the petitioner. The Court held that since there was no prima facie evidence and the prosecution itself conceded the lack of material, the proceedings against the petitioner could not be sustained.
Headnote
A) Criminal Procedure - Quashing of Chargesheet - Lack of Prima Facie Evidence - Sections 482 CrPC - Petitioner was not named in the FIR and there was no material on record to connect him with the offence under the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC - The prosecution conceded that barring initial information, there was no evidence against the petitioner - Held that the chargesheet was 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 crime.
Final Decision
The petition is allowed. The chargesheet against the petitioner is quashed.
Law Points
- Quashing of criminal proceedings
- lack of prima facie evidence
- no material to connect accused
- concession by prosecution
