Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 17.10.2026
Karnataka High Court Quashes ITP Act Proceedings
This Short Article has been prepared & written by Advocate G Sridharamurthy. The views expressed are based on his interpretation of the law. He can be reached at his email id sriadv3@gmail.com .
The Karnataka High Court has quashed two criminal cases against Maxim K. Kurian after the State failed to show that the officers who conducted the raids were legally appointed as Special Police Officers under the Immoral Traffic (Prevention) Act, 1956.
The order, delivered by Justice H.P. Sandesh on 15 October 2026, disposed of Criminal Petition Nos. 5994 of 2019 and 272 of 2020. The cases arose from separate police cases in Mangaluru but involved the same legal issue: whether the investigating officers had the statutory authority required to investigate offences under the ITP Act.
The two cases
In the first petition, Kurian, identified as accused No. 5, sought to quash proceedings in C.C. No. 3260/2017. The case stemmed from Crime No. 8/2017 registered at Barke Police Station and alleged offences under Sections 3(1), 4, 5 and 8 of the ITP Act.
The second petition concerned C.C. No. 2311/2019, arising from Crime No. 73/2017 registered at Mangaluru East Police Station. In that case, Kurian was accused No. 1 and faced allegations under Sections 4 and 5 of the Act.
Although the cases originated at different police stations, the Court heard them together because both turned on the same legal question concerning the authority of the officers involved.
Central legal issue: appointment of Special Police Officers
Kurian argued that the raids and investigations did not comply with Sections 13 and 15 of the ITP Act. Section 13 provides for the appointment of Special Police Officers to deal with offences under the statute, while Section 15 regulates searches conducted in connection with such offences.
The petitionerβs counsel contended that:
- No government notification was produced showing that the investigating officers had been appointed as Special Police Officers under the Act.
- The officers therefore lacked the specific statutory authority needed to conduct raids and investigate the alleged offences.
- No search warrant had been obtained before the raids.
- Even where a warrantless search may be permitted, it must be carried out by an authorized Special Police Officer and the legal safeguards must be followed.
The State submitted that the officer who conducted the raid held the rank of Inspector of Police. However, it did not rely on or produce a notification showing that the officer had been specially appointed by the State to deal with offences under the ITP Act.
Why the Court quashed the proceedings
The Court found that the State had not established that the investigating officer was an authorized Special Police Officer. Justice Sandesh noted that earlier Karnataka High Court decisions had treated compliance with the relevant ITP Act provisions as mandatory.
The Court relied on the principle from previous rulings that, where there is no notification demonstrating that an investigating officer qualifies as a Special Police Officer under the Act, the investigation cannot be sustained in law.
The decision underscores that an officerβs general police rank alone does not establish the special authorization required for investigations under a statute with its own procedural framework. For ITP Act cases, the State must be able to show the officerβs appointment under the Act when that authority is challenged.
The ruling
The High Court allowed both petitions and quashed the proceedings against Kurian in:
- C.C. No. 3260/2017, arising from Barke Police Station Crime No. 8/2017; and
- C.C. No. 2311/2019, arising from Mangaluru East Police Station Crime No. 73/2017.
Broader significance
The ruling reinforces the importance of procedural compliance in criminal investigations under special laws. It confirms that, in ITP Act prosecutions, the State must demonstrate that the officer conducting the raid or investigation was validly appointed under the statutory scheme.
Where that foundational requirement is not met, proceedings may be vulnerable to being quashed. The decision is based on the procedural validity of the investigations and does not determine the underlying factual allegations on their merits.
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Source: Karnataka High Court
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