IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 54 of 2011() --------------------------------- (CRIME NO.749/10 OF MEDICAL COLLEGE POLICE STATION, CALICUT) ..... PETITIONER(S): 1ST ACCUSED: ------------------------------------------------ K.N.ARUN, AGED 41 YEARS, S/O.NARAYANAN MOOSATH, RESIDING AT ADVAITH ILLOM, VALAYANAD, POST KOMMERI, CALICUT-673 007. BY ADVS. SRI.V.V.SURENDRAN, SMT.RESMI NANDANAN. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE PO, CALICUT-673 008. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.54 of 2011 -------------------------------------- Dated this the 23rd day of February, 2011. ORDER Petitioner is accused No.1 in Crime No.749 of 2010 of Medical College Police Station, Kozhikode for offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act (for short, “the Act”). Case is that on 25.10.2010 the Circle Inspector on getting information searched the room taken on rent by accused No.2 which allegedly was meant for homeopathic treatment but where accused No.3 was running a brothel. According to the Circle Inspector, he found petitioner engaged in sex with a lady in the said room and certain currency notes and instruments for treatment were seized. Petitioner seeks to quash proceeding against him on various grounds including that the allegation that he had sex with the lady concerned is not correct. Learned Public Prosecutor submitted that final report has already been filed attributing offences under Sections 3, 4 and 5 of the Act. 2. Though various contentions are raised in the petition learned counsel requested permission to withdraw this petition without prejudice to the right of petitioner to take appropriate defence/plea before the learned Magistrate where the final report is filed. Having regard to the circumstances stated I am inclined to allow that request. Crl.MC No.54/2011 2 Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence/plea before learned Judicial First Class Magistrate, Kunnamangalam as provided under law. THOMAS P.JOSEPH, Judge. cks