Writ Petition No. 4536 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23430 WP No. 4536 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4536 OF 2025 (GM-RES) BETWEEN: MRS. NAZIMA ALIAS HEERA KHAN AGED ABOUT 46 YEARS W/O MOHAMMED ADIL R/AT NO.16/6, PATEL CROSS RT NAGAR, BENGALURU KARNATAKA – 560 032.
Legal Reasoning
4. This Court in W.P.No.22273/2024, qua accused No.1, has passed the following order: “3. The petitioner by profession is an orthopedic surgeon, develops interest in Ayurveda, seeks to set up an ayurvedic massage centre. Leaves it to function at the hands of other accused. The independence given to other accused to run the show, lands the petitioner in the impugned crime for offences afore-quoted. The police conduct investigation and file a charge sheet. The petitioner was not the one who was drawn into the proceedings at the time of registration of the crime, as the search conducted brought out only one accused by name Heera Khan. The petitioner is drawn as accused No.1 while filing the final report. 4. Though the submissions of the petitioner to the effect of legal lacunae in the case at hand did not merit any acceptance, the learned counsel for the petitioner Sri Shanthi Bhushan H., has placed on record an affidavit of the petitioner who undertakes that he will not look at Spa - 4 - NC: 2025:KHC:23430 WP No. 4536 of 2025 HC-KAR henceforth. Since he is a doctor by profession, an orthopedic surgeon and also practices physiotherapy, permitting further proceedings against him for allegations which he was not aware of and also his loss to the society if being permitted to be tried, I deem it appropriate to accept the affidavit of the petitioner, as a one of solution to a one of problem and obliterate the crime against the petitioner. The affidavit reads as follows: “AFFIDAVIT I, Dr. Prashanth Dev T., Aged 43 years s/o Thankappan, r/a F2, No.30 Pravirs Residency, 3rd Cross, KHB Main Road, Sultanpalya, RT Nagar, Bangalore - 560032 do hereby affirm and state on oath as follows: I state that I am the petitioner and the above case, and I am aware of the facts and circumstances of the case. I state that I am an orthopedic doctor by profession and I am practicing as a doctor for 20 along with years, physiotherapy for patients who seek physiotherapy massage for relief from their ailments orthopedic practice I I state that on 5/9/2022 the second respondent the police lodged a complaint before the first correspondent alleging that upon conducting a raid at the spa and found that the staff and the therapist were indulging in unlawful and illegal activities therefore a crime came to be registered under 0138/2022 for the offenses punishable under section 3, 4, 5, 6 Immoral Trafficking prevention act read along with 370 of IPC. I state that the 1st respondent Police in furtherance of a FIR registered by first respondent filed a charge sheet in CC number 1846/2023 pending on the file of 1st ACMM Court, Bangalore. I state that at no point of time neither me nor my staff had any intention to indulge in the activities as has alleged in the charge sheet I state that the intention of running this spa was to treat the patient by way of orthopedic physiotherapy massage. 1. 2. 3. 4. 5. 6. - 5 - NC: 2025:KHC:23430 WP No. 4536 of 2025 HC-KAR 7. 8. 9. I state that upon the respondent fostering the false complaint against me. I intend to shut down the entire operation of the physiotherapy spa and I have shut down the spa as and when I got to know that the Respondent Police has raided the above said physiotherapy spa. I state that even though I was not arrayed as an accused in the FIR I was wrong arrayed the charge sheet as accused. I state that I have been falsely arrayed as an accused in the above case with an intention of illegal motive. 10. I state that if the instant petition is not allowed, I will be put to irreparable hardship. 11. I state that I will abide by any conditions that this Hon'ble Court would impose.” In the light of the undertaking in the affidavit and for the reason that the petitioner’s usefulness to the society should not get eroded, I deem it appropriate to accept the affidavit of the petitioner and obliterate the proceedings.” In the light of the afore-quoted order and the facts of the case in hand, the proceedings before the concerned Court in C.C.No.1846/2023 requires to be obliterated, on the score that the spa centre, in which place the alleged incident is said to have happened, is now closed and the proceedings against accused No.1, who was alleged of similar allegations, is obliterated. - 6 - NC: 2025:KHC:23430 WP No. 4536 of 2025 HC-KAR 5. For the aforesaid reasons, the following:
Arguments
(BY SRI SHANTHI BHUSHAN H., ADVOCATE) AND: …PETITIONER Digitally signed by NAGAVENI Location: High Court of Karnataka 1. STATE OF KARNATAKA THROUGH SUB-INSPECTOR OF POLICE SADASHIVANAGAR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SMT. DURGA R., POLICE INSPECTOR AGED ABOUT 42 YEARS WOMEN PROTECTION WING CCB, BANGALORE KARNATAKA – 560 001. (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1) …RESPONDENTS - 2 - NC: 2025:KHC:23430 WP No. 4536 of 2025 HC-KAR THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO. 1846/2023 ON THE FILE OF 39TH ADDL. CMM COURT, BANGALORE FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 3, 4, 5 AND 6 OF IMMORAL TRAFFIC PREVENTION ACT, 1956 AND SECTION 370 OF INDIAN PENAL CODE IN CONNECTION WITH CRIME NO. 138/2022 SADHASHIVANAGAR POLICE STATION AS FAR AS THE PETITIONER / ACCUSED NO.2 IS CONCERNED VIDE ANNX- C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in C.C.No.1846 of 2023 registered for offences punishable under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and Section 370 of the IPC. The petitioner is accused No.2. 2. Heard Shanthi Bhushan H, learned counsel appearing for petitioner and Sri B. N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1. - 3 - NC: 2025:KHC:23430 WP No. 4536 of 2025 HC-KAR 3. Sri H. Shanthi Bhushan, learned counsel for the petitioner submits that the issue in the lis identically stands covered by the order passed by this Court in W.P.No.22273/2024, disposed on 06.11.2024, qua accused No.1. The petitioner is arraigned as accused No.2, she was working a manager of the ayurvedic massage centre, set up by accused No.1. He would submit that in terms of the affidavit of accused No.1, the spa centre is closed and further proceedings if continued, would be a waste of judicial time.
Decision
ORDER a. The writ petition is allowed. b. The impugned proceedings in C.C.No.1846/2023, pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed, qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 80 CT:SS