Prashant Kumar Agarwal, J. - (1.) HEARD learned counsel for the parties.
(2.) THE accused -petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. with the following reliefs: "(A) The impugned cognizance order dated 22.5.2015 passed by learned Chief Judicial Magistrate, Kota in Criminal Case No. 333/2015 may kindly be quashed and set aside; (B) The respondents may kindly be directed to pay immediate interim relief of Rs. 5 lacs and final compensation of Rs. 10 lacs for the unlawful detention and mental harassment of the petitioner; (C) The respondents No. 1, 2 & 3 may kindly be directed to declare the petitioner as a victim and not an accused; (D) To quash and set aside the entire proceeding against the accused -petitioner; (E) The respondent -State may kindly be directed to record the statement of the petitioner under Section 161 Cr.P.C.; (F) The respondent -State may kindly be directed to follow the due process of law as enshrined under Section 15(5A) of the Immoral Traffic Prevention Act, 1956; (G) The respondents may kindly be directed to follow the due process of law as enshrined under Section 17 of the Immoral Traffic Prevention Act, 1956; (H) Any other appropriate order which may be found just and proper in the facts and circumstances of the case be passed in favour of the petitioner." The preliminary objection required to be considered and decided in this case is with regard to the maintainability of this petition under Section 482 Cr.P.C. against the order dated 22.5.2015 passed by the Chief Judicial Magistrate, Kota in Criminal Case No. 333/2015 whereby the learned trial Court by dismissing the application filed by the petitioner under Section 227 Cr.P.C. ordered to frame charge for the offences under Sections 3, 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the 'Act') against the petitioner in respect of FIR No. 47/2015 registered at Police Station Kotwali, Kota.
(3.) BRIEF relevant facts for consideration and decision of the aforesaid preliminary objection are that the aforesaid FIR came to be registered on 20.2.2015 on the premise that petitioner and co -accused were found involved in prostitution and after investigation charge -sheet was filed against the petitioner and co -accused for the aforesaid offences. Petitioner filed an application under Section 227 Cr.P.C. taking various grounds with a prayer to discharge her for the offences for which charge -sheet has been filed. Some other reliefs were also sought. Learned trial Court after hearing the parties dismissed the application and ordered to frame charge against the petitioner for the aforesaid offences. In such circumstances, the present petition under section 482 Cr.P.C. was filed with the reliefs already stated.;