W.A. No. 1749 of 2012 & M.P. No. 1 of 2012. Case: Hotel Sooriya Heritage Inn, No. 499, MG Road, Pondicherry-605001, represented by its Chairman, Dr. Louis Pragasm Kannaya Vs The Collector cum District Magistrate, Government of Puducherry, Puducherry and Ors.. High Court of Madras (India)
| Case Number | W.A. No. 1749 of 2012 & M.P. No. 1 of 2012 |
| Counsel | For Appellant: R. Gandhi, Senior Counsel for P. Palani Nathan, Advocate and For Respondents: R. Mala, Additional Government Pleader (Puducherry) |
| Judges | M. Y. Eqbal, C.J. and A. Arumughaswamy, J. |
| Issue | Immoral Traffic (Prevention) Act, 1956 - Sections 15, 18, 18(1), 2, 2(a), 3, 7, 7(1); Indian Penal Code (45 of 1860) - Sections 34, 342, 354, 366, 506(ii) |
| Citation | 2013 CriLJ 359 |
| Judgement Date | August 31, 2012 |
| Court | High Court of Madras (India) |
Judgment:
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This Appeal has been filed against the order dated 31.7.2012 made in W.P. No. 8787 of 2012, whereby the learned Single Judge has dismissed the Writ Petition filed by the Petitioner challenging the order passed by the First Respondent in Proceedings No. 71211/DM/RO/Tah(L&O)/D2/2011 dated 27.3.2012 under Section 18(1)(a) & (b) of the Immoral Traffic (Prevention) Act, ordering the closure of the Appellant hotel. The Writ Petition came to be filed in the following circumstances:
One Kasthuri alias Ramya (name changed as Pooja) had preferred a complaint before the Circle Inspector of police, Grand Bazaar Circle on 25.11.2011. In the said Complaint, she alleged that due to a petty quarrel with her parents at Chennai, she left her house out of dejection and came out to Puducherry. From Puducherry Bus Stand, she contacted one Mr. M. Kumar, known to her and sought for his help. Mr. Kumar arrived in the bus stand and under the pretext of helping her, took her to a Guest House at Puducherry and made arrangements for her stay in the Guest House. Accordingly, she stayed in the said Guest House-Little Pearl Guest House for three days. Thereafter, he brought one Adhavan to the Guest House and introduced her to him. Then leaving her in the company of Mr. Adhavan, Mr. Kumar left from there. After some time, she expressed her desire to return back to her home. But Adhavan threatened her and prevented her from going out. On the same day, around 9.00 p.m. one Senthil @ Arthi claiming to be the friend of Adhavan, came to the Guest House. While she was in the house, a woman by name Julie staying in the Guest House also joined with Adhavan and scolded her.
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On the next day, i.e. 24.11.2011, Mr. Senthil shifted her to G. Guest House. Julie also was brought to the said Guest House. Thereafter, Senthil, Adhavan and Julie took her to a hotel known as Sooriya Hotel. All these persons wanted her to stay with two known persons. When she declined, they threatened her with dire consequences. At around 12.00 midnight, they brought her again to the G. Guest House, there they compelled her to stay at least with one man for which, she refused. Enraged over the same, Senthil attempted her to molest her. Then they kept her in a room alone and locked the door from out side. The next day i.e. 25.11.2011 at 1.00 a.m., they opened the room and beat her. She was sitting in a corner of the room. While the above persons were talking with each other, she managed to escape from the room and preferred a Complaint to the Police.
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On the above Complaint, the Sub-Inspector of Police, registered a case in F.I.R. No. 514/2011, under Sections 366, 342, 354 & 506(ii) r/w 34, I.P.C. at 2.00 p.m. on 25.11.2011.
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During the course of the investigation the Inspector of Police forwarded the information...
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