Shivani Thakur
Published on; April 12, 2022 at 23:55 IST
The Karnataka High Court has restated that a Customer found in a Brothel at the time when it is raided cannot be Prosecuted.
Justice M Nagarpasanna allowed the Petition filed by one Babu S and Cancelled the Proceedings pending against him under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and section 37 of the Indian Penal Court.
As per the Prosecution, a complaint was Registered, on credible information received, for the Offences Punishable under the Act and Indian Penal Code and Proceedings were initiated. The Petitioner was a customer who was found there at the time when the premises were searched on 23.09.2021.
“It is not in dispute that the Petitioner was a customer in the brothel when the search was conducted by the Respondent Police. A customer, in a brothel, cannot be hauled into Criminal Proceedings is the consistent view taken by this Court in Plethora of Cases.” The Bench said.
Further it relied on the Judgement of the High Court in the Case of Barath S.P. Vs. State of Karnataka it observed, “The Facts obtained in the Case at hand are identical, as the aforesaid Criminal Petition was also considering the Case of a customer in a brothel at the time of search. It would, therefore, cover the Case at hand on all its fours.”
