Massage and Spa owner gets relief as HC dismisses case filed against her

Only special officers not below the rank of inspectors appointed by the government under the ITP can file FIR alleging sex trade Owner of Blanca Paloma Spa and saloon, at Indiranagar, who was accused of sex trade, gets relief The woman had appealed to High Court about the lapse and the HC upheld her appeal

A Single Judge Bench has dismissed an FIR filed by the Indiranagar police station alleging sex trade against one Neeli Mathia of Manipur, owner of Blanca Paloma Spa and Saloon at Indiranagar, ruling that only a special officer, appointed by the government, has the powers to file FIR in such cases.

Justice KN Phaneendra, dismissed an FIR filed by Indiranagar Sub-inspector stating that it was in violation of Immoral Traffic (Prevention) Act 1956, Sec 3, 5 and 7 and also a complaint under IPC Sec 370, based on which inquiry was being conducted at the 10^th additional ACMM court. The ITP Act does not empower a sub-inspector to file an FIR. Only an officer not less than a rank of inspector has the power. Provision is also provided in the Act for the relevant Magistrate Court to appoint a retired officer (not below the rank of inspector during his retirement) or a military officer (not below the rank of Commissioner) to file FIr in such cases.

A Manipur woman Neeli Mathia and two others were arrested during a raid on Blanca Paloma Spa and Saloon at Indiranagar on April, last year. They were accused of engaging in sex trade under the “Body to body massage, Happy Ending and Sandwich”. The raid was undertaken by the Indiranagar sub-inspector following a report submitted by the CCB.

Neeli Mathia went to High Court claiming that the FIR was in violation of ITP Act and the Single Judge Bench upheld her appeal and dismissed the case.