HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8048 and 8053 OF 2010 Dated : 31.08.2010 Between : Prathi Rajani & another … Petitioners-Respondents A n d The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8048 and 8053 OF 2010 COMMON ORDER: These Criminal Petitions under Section 482 Cr.P.C. are filed by the respective respondents in M.C.Nos.17 and 12 of 2010 on the file of the Sub-Divisional Magistrate, Peddapuram, East Godavari District, seeking to quash the order passed against them under Section 18 of Immoral Traffic (Prevention) Act, 1956 (for short, the Act). By invoking the provision of Section 18 (1) of the Act, the respondent ordered for eviction of the petitioners from respective residential houses and also to attach and close the said houses. Aggrieved by the same, the present Criminal Petition is filed. Learned counsel for the petitioners submitted that acquittal of the person, who is accused of an offence punishable under the Act, by the competent Court ceases the operation of order passed under Section 18 of the Act. Section 18 (3) proviso runs as follows: “ Orders passed by the magistrate or court under sub-section (1) or sub-section (2) shall not be subject to appeal and shall not be stayed or set aside by the order of any court, civil or criminal and the said orders shall cease to have validity after the [expiry of one year or three years, as the case may be]; Provided that where a conviction under Section 3 or Section 7 is set aside on appeal on the ground that such house, room, place or any portion thereof is not being run or used as a brothel or is not being used by prostitutes for carrying on their trade, any order passed by the trial court under sub-section (1) shall also be set aside.” It is seen that the petitioner in Crl.P.No.8048 of 2010 is acquitted by the Additional Judicial First Class Magistrate, Peddapuram, vide judgment dated 08.10.2009 in C.C.No.128 of 2008. Likewise, petitioner in Crl.P.No.8053 of 2010 is acquitted by the III Additional District & Sessions Judge, Kakinada, vide judgment dated 15.03.2010 delivered in C.A.No.17 of 2009. In view of the acquittal of the petitioners by competent Courts and the above referred proviso, this Court is of the view that the impugned orders are liable to be quashed. Accordingly, both the Criminal Petitions are allowed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 31.08.2010 sur