AWADESH KUMAR JHA @ AKHILESH KUMAR JHA & ANR. Vs. THE STATE OF BIHAR
LAWS(SC)-2016-1-21
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on January 07,2016

Awadesh Kumar Jha @ Akhilesh Kumar Jha And Anr. Appellant
VERSUS
THE STATE OF BIHAR Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This criminal appeal is directed against the impugned judgment and order dated 14.10.2014 passed by the High Court of Judicature at Patna in Crl. Misc. No.13700 of 2014 whereby it has refused to interfere with the impugned orders therein. Both the appellants filed application under Section 239 of Code of Criminal Procedure, 1973 (for short the "Cr.P.C.") before the learned Judicial Magistrate of first class, Kishanganj in relation to FIR No. 183 of 2008. The same was dismissed on the ground of being devoid of merit vide order dated 04.12.2013. The Court of Sessions, Purnea, in revision petition, has upheld the decision of the learned Judicial Magistrate of first class which has further upheld by the High Court. The correctness of the said order is challenged in this appeal urging various grounds.
(3.) Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:- On 04.05.2008 FIR no. 111 of 2008 (for short the "first FIR") was registered at Kishanganj police station against both the appellants along with other persons for the offences punishable under Sections 3,4,5,6 and 7 of Immoral Traffic (Prevention) Act, 1956 (in short "the Act") on a written complaint made by Sub Divisional Police Officer Ravish Kumar, Kishanganj, Bihar. The allegation made therein was that on the telephonic information received from SDPO Phulwari sharif, Patna regarding the confinement of a minor girl Rubana Khatun, aged about 16 years, in red light area of Khagaria for the purpose of carrying out the flesh trade, the raiding party of police authorities conducted a raid in the house of Sisa Khalifa. In the course of such raid, the raiding party found six couples in objectionable position in six different rooms. Along with others the appellant no. 1 (Akhilesh Kumar Jha) and appellant no.2 (Ajit Prasad) were also arrested in the course of the raid and they were booked for offences punishable under Sections 3,4,5,6 and 7 of the Act.;


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