Friday, March 25, 2022

A landlord whose property was used as a brothel cannot be prosecuted under the Immoral Traffic (Prevention) Act, if he/ she was unaware-Karnataka High Court

M Nagaprasanna,  quashed the criminal proceedings against a landlord, on the ground that he was not aware that his property was being used to run a brothel.
"In the light of Section 3(2)(b) of the (Immoral Traffic Prevention Act) and the police themselves acknowledging that the petitioner was not aware of what was happening in the premises, permitting further proceedings to continue against the petitioner would degenerate into harassment and become an abuse of the process of law." 

The petitioner clearly stated in his reply that he was not aware that the premises were being used as a brothel and that he lived far away, which the police also acknowledged in the chargesheet filed against him, the Court noted.

It, therefore, allowed the petition and quashed criminal proceedings against the petitioner, while adding that the observations made by the court only apply to the present petitioner, and shall not influence proceedings against any other accused pending before any other forums.

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