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
Referred Judgements :-
T T ANTHONY VS. STATE OF KERALA [REFERRED TO]RAMA CHAUDHARY VS. STATE OF BIHAR [REFERRED TO]
AMITBHAI ANILCHANDRA SHAH VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]
Cited Judgements :-
M.MOHAMMED KUNHI VS. STATE OF KERALA [LAWS(KER)-2023-12-189] [REFERRED TO]SHABIR ALI VS. STATE OF NCT OF DELHI [LAWS(DLH)-2021-6-23] [REFERRED TO]
SHANKAR KUSHWAHA VS. STATE OF BIHAR [LAWS(PAT)-2022-12-42] [REFERRED TO]
BIMAL DASHRATHBHAI PARIKH VS. STATE OF GUJARAT [LAWS(GJH)-2024-12-51] [REFERRED TO]
RAVI SHANKAR SINGH @ PAPPU VS. STATE OF U.P. [LAWS(ALL)-2017-3-158] [REFERRED TO]
OPERATION MOBILIZATION INDIA, REP. BY DR. JOSEPH DSOUZA AND OTHERS VS. THE STATE OF TELANGANA, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, HYDERABAD AND OTHERS [LAWS(ALL)-2017-4-145] [REFERRED TO]
ARVIND GOPAL KRISHNA CHAWDA VS. SUNITHA GOPAL CHAWDA [LAWS(APH)-2016-9-75] [REFERRED TO]
MALHARI SHAMBHU SAKAT VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-4-48] [REFERRED TO]
PAWAN TAMRAKAR VS. M.P. SPECIAL POLICE ESTABLISHMENT [LAWS(MPH)-2021-6-15] [REFERRED TO]
IN RE MISSING OF AN LLM STUDENT AT SWAMI SHUKDEVANAND LAW COLLEGE VS. STATE OF U.P. [LAWS(ALL)-2020-4-32] [REFERRED TO]
MANISH VERMA AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-1-441] [REFERRED TO]
DAROGA VS. STATE OF U.P. [LAWS(ALL)-2020-4-44] [REFERRED TO]
BEEKKI VERMA VS. STATE OF U. P. [LAWS(ALL)-2021-1-141] [REFERRED TO]
NIRAPADA DHARA & ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-5-91] [REFERRED TO]
OPERATION MOBILIZATION INDIA, REP. BY DR. JOSEPH DSOUZA AND OTHERS VS. THE STATE OF TELANGANA [LAWS(APH)-2017-4-48] [REFERRED TO]
BIMAL SUBBA ALIAS BIJAY SUBBA VS. STATE OF SIKKIM [LAWS(SIK)-2020-6-7] [REFERRED TO]
TAMIL @ N TAMILARASU VS. STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2018-7-273] [REFERRED TO]
KASHINATH KUTWAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-4-8] [REFERRED TO]
ANITA MOUDGIL VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2022-11-195] [REFERRED TO]
SANJAY HARSH & ANR. VS. STATE OF RAJASTHAN & ANR. [LAWS(RAJ)-2016-7-161] [REFERRED TO]
JUDGEMENT
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(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.
(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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