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2017 DIGILAW 1434 (KER)

Sheela Charles v. State of Kerala, Represented by Public Prosecutor

2017-11-22

B.KEMAL PASHA

body2017
JUDGMENT : 1. Final report has been filed in Crime No.1172/2009 of Panangad Police Station for the offences under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. Petitioner is the 3rd accused. The offence was allegedly detected by CW9 Circle Inspector of Police, Thripunithura (Hill Palace) while he was on additional charge of the Circle Inspector of Police, Ernakulam South Police Station. 2. According to the petitioner, CW9 was not empowered to act as a special police officer within the meaning of Section 13(2) of the Immoral Traffic (Prevention) Act. 3. Learned Public Prosecutor has produced the copy of notification No.145/16 dated 04.05.2016, whereby the earlier notification was amended through the notification dated 04.05.2016. The words in the earlier notification “The Circle Inspectors of Police attached to the following police stations in the State” are substituted with the words “All officers of and above the rank of Inspector of Police in the local Police Station in the Crime Branch, Crime Investigation Department”. At the same time, it does not say that the words “within their respective area of jurisdiction” have been substituted or taken away. Unless and until the aforesaid words are substituted or taken away, it won't serve any purpose at all to enable an Inspector of Police working elsewhere to detect and report a crime of this nature being committed in a different area other than his respective area of jurisdiction. 4. It may be correct that as per charge arrangements made by the superior police officers, additional charge might have been given to CW9 to perform the duties and functions of the Inspector of Police, Ernakulam South Police Station. At the same time, such charge arrangement cannot have the effect of a notification within the meaning of Section 13. As per Section 13, the government has to appoint special police officers and he shall not be below the rank of an Inspector of Police. When the charge arrangement is not having the effect of a notification or government order, CW9 could not have been treated as a special police officer within the meaning of Section 13 of the Act. Matters being so, the entire proceedings have become illegal and therefore, the same are liable to be quashed. When the charge arrangement is not having the effect of a notification or government order, CW9 could not have been treated as a special police officer within the meaning of Section 13 of the Act. Matters being so, the entire proceedings have become illegal and therefore, the same are liable to be quashed. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.1449/2015 of the Judicial First Class Magistrate's Court-VIII, Ernakulam, which has arisen from Crime No.1172/2009 of Panangad Police Station, are quashed.