IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.MC.No. 5045 of 2008() ------------------------- CC.618/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S): 3RD ACCUSED -------------------------- NASEEMA, AGED 33, W/O.NASAR, NADUVILEPARAMBIL HOUSE, FATHIMAPURAM KARA, THRIKKODITHANAM VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 5045 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 O R D E R The petitioner as the third accused faces indictment in a prosecution under the provisions of the Immoral Traffic (Prevention) Act. Cognizance has been taken on the basis of the final report submitted by the police. The petitioner is alleged to be a Sweeper in the P.W.D. Rest House, Thiruvalla, where the activity of prostitution is going on. According to the petitioner she is absolutely innocent. She is not liable to face a prosecution under the Provisions of the Immoral Traffic (Prevention) Act. Cognizance was taken as early as in 2004. The particulars of the offence have not been read over to the petitioner so far. At that stage, she has come before this Court with a prayer to quash the proceedings invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. 2. I am of the opinion that it is for the petitioner to claim discontinuance of the proceedings against her in accordance with Crl.M.C.No. 5045 of 2008 2 the provision of Section 251 and 258 Cr.P.C. as explained in the decision in Kamala Rajaram v. State of Kerala (2005 (3) KLT 617). If such a plea is raised by the petitioner, the learned Magistrate must consider the same and take a decision as to whether the proceedings against the petitioner are liable to be continued or whether the same is liable to be discontinued in accordance with the terms of Section 258 Cr.P.C. 3. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm