IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2759 OF 2008 Between: Nallam Durga .....PETITIONER AND The State of Andhra Pradesh ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2759 OF 2008 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in Crime No./F.I.R.No.95 of 2008 on the file of Narsapur Town Police Station, West Godavari District, which was registered for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956, (for short, “the Act”). 2. F.I.R.No.95 of 2008 was registered against the petitioner on the ground that she was running a brothel house at Narasapur and she got a girl by name Shaik Reshma. Statement of the said Reshma was recorded in the presence of mediators to the effect that she was being used by the petitioner for brothel purposes. 3. Learned counsel for the petitioner contended that the crime was registered by the Circle Inspector of Police, Narsapur Police Station, who is having no jurisdiction to conduct investigation under Section 13 (2) of the Act; that the counsel also relied on a decision of the Honourable Supreme Court in Delhi Administration v. Ram Singh[1]; that therefore, continuation of proceedings against the petitioner is nothing but abuse of process of Court and hence, he prays to quash the proceedings. 4. On the other hand, learned counsel representing the learned Public Prosecutor has not brought to the notice of this Court that Circle Inspector was empowered to conduct investigation by the notification issued by the State Government for the purpose of the Act. 5. Section 13 (2) of the Act reads thus: “ The special police officer shall not be below the rank of an Inspector of Police.” Sub-section 13 (2A) of the Act reads thus: “ The District Magistrate may, if he considers it necessary or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this Act on a special police officer, with respect to particular cases or classes of cases or to cases generally:” Section 13 (1) of the Act reads thus: “ There shall be for each area to be specified by the State Government in this behalf a special police officer appointed by or on behalf of that Government for dealing with offences under this Act in that area.” The word Special Police Officer is defined under Section 2 (i) of the Act, which reads thus: “ “special police officer” means a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purpose of this Act;” 6. Police have not filed any such notification issued by the State Government appointing the Circle Inspector of Police, Narsapur, who registered the case as an officer incharge for the purpose of discharging his duties, under the provisions of the Act and similarly, no powers are conferred on the Circle Inspector of Police, Narsapur by the District Magistrate. Therefore, in the absence of any notification issued by the State Government or the District Magistrate, registration of the crime by the Circle Inspector of Police, Narsapur, is without jurisdiction. 7. In the decision relied upon by the learned counsel for the petitioner in Delhi Administration’s case (supra), it is held thus: "We are therefore of opinion that the special police officer is competent to investigate and that he and his assistant police officers are the only persons competent to investigate offences under the Act and that police officers not specially appointed as special police officers cannot investigate the offences under the Act even though they are cognizable offences. The result is that this appeal by the Delhi Administration fails and is hereby dismissed." 8. In view of the above, continuation of proceedings against the petitioner is nothing but abuse of process of Court. 9. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioner in F.I.R.No.95 of 2008 on the file of Narsapur Town Police Station, West Godavari District. _______________ K.C. BHANU, J August 05, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2759 OF 2008 August 05, 2010 [1] AIR 1962 SC 63