HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 4359 of 2008 Date: 19-08-2010 Between: Divedi Subhas and another …….. Petitioners and The State of A.P. ……… Respondent HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 4359 of 2008 ORDER: The petitioners, who are A-1 and A-3, approached this Court with a prayer to quash the proceedings against them in C.C.No.24 of 2008 on the file of the Judicial Magistrate of First Class, Bhainsa, Adilabad District, registered for the offences under Sections 3 to 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 (for short ‘the Act’). 2. The case of the prosecution is that during the course of search conducted by the police at Devie lodge, Basar, the petitioners were found with a woman in the lodge and on their confession, the case was registered against them along with one Pujari Sanjeev Kumar for the said offences and after due investigation, the Sub- Inspector of Police filed charge sheet. 3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. 4. The only point for consideration before this Court is whether the Sub-Inspector of Police is empowered to file charge sheet for the offences punishable under the provisions of the Act? 5. Admittedly in the present case the Sub-Inspector of Police investigated into the matter and filed charge sheet. But, under Section 13 (2) of the Act, the state government shall appoint a special officer for dealing with the offences under the Act. Therefore, the Sub-Inspector of Police is not empowered to file charge sheet in this case. In view of the same, the proceedings against the petitioners in the said case are liable to be quashed. 6. Even though A-2 (Pujari Sanjeev Kumar) is not before this Court, in view of the said proposition of law, the benefit is extended to him and accordingly, the proceedings against him are liable to be quashed. 7. Accordingly, the Criminal Petition is allowed. The proceedings against the petitioners/A-1 and A-3 and A-2 (Pujari Sanjeev Kumar) in C.C.No.24 of 2008 on the file of the Judicial Magistrate of First Class, Bhainsa, Adilabad District, are hereby quashed. _____________ RAJA ELANGO, J Date: 19-08-2010 YCR