Case Note & Summary
The petitioner, Shankare Gowda @ Shankara, was arrayed as accused No.2 in a case registered under Sections 3, 4, 5, 6, 7, 8, and 9 of the Immoral Traffic (Prevention) Act, 1956 (ITP Act) read with Sections 366-A and 372 read with Section 34 of the Indian Penal Code. The case arose from a raid conducted on the night of 27.8.2010 at Arunodaya Residency Lodge by the Circle Inspector of Police, Nelamangala, based on credible information about ongoing prostitution. The prosecution alleged that accused No.1 had procured minor girls (CW-2 and CW-3) and lured CW-4 with money, sending them for prostitution through accused No.2 to the lodge, with the aid of accused Nos.3, 4, and 5. The matter was committed to the Sessions Court. The petitioner filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the entire criminal proceedings. The primary legal issue was whether the investigation was vitiated because the Circle Inspector who conducted the raid was not a designated Special Police Officer under Section 13 of the ITP Act. The petitioner's counsel argued that Section 13 of the ITP Act mandates that only a Special Police Officer designated by the State Government can investigate offences under the Act, and the Circle Inspector was not so designated. The respondent-State did not dispute this fact. The court, relying on the precedent in State of Karnataka v. Gangadharaiah, held that non-compliance with Section 13 of the ITP Act renders the investigation illegal and the proceedings liable to be quashed. Consequently, the court allowed the petition and quashed the entire criminal proceedings against the petitioner in S.C. No.219/2013 pending before the VIII Additional District and Sessions Judge, Bengaluru Rural District.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Immoral Traffic (Prevention) Act, 1956 - Section 13 - The court considered whether the investigation conducted by a Circle Inspector who was not a designated Special Police Officer under Section 13 of the ITP Act vitiates the entire proceedings. Held that the raid and investigation by a non-designated officer is illegal, and the proceedings are liable to be quashed. (Paras 3-5) B) Immoral Traffic (Prevention) Act, 1956 - Investigation - Section 13 - Special Police Officer - The court held that Section 13 of the ITP Act mandates that only a Special Police Officer designated by the State Government can investigate offences under the Act. The Circle Inspector who conducted the raid was not so designated, making the investigation invalid. (Paras 3-5)
Issue of Consideration
Whether the investigation and subsequent criminal proceedings against the petitioner are vitiated due to non-compliance with Section 13 of the Immoral Traffic (Prevention) Act, 1956, which requires that only a Special Police Officer designated by the State Government can investigate offences under the Act.
Final Decision
The court allowed the petition and quashed the entire criminal proceedings against the petitioner in S.C. No.219/2013 pending before the VIII Additional District and Sessions Judge, Bengaluru Rural District.
Law Points
- Section 13 of the Immoral Traffic (Prevention) Act
- 1956 mandates that only a Special Police Officer designated by the State Government can investigate offences under the Act
- Non-compliance with Section 13 renders the investigation illegal and proceedings liable to be quashed under Section 482 Cr.P.C.
