Kanwaljit Singh Ahluwalia, J. - (1.) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 233/2007 registered at Police Station Sadar, Jaipur for the offences under Sections 3, 4, 5, 6, 7 and 8 of Immoral Traffic (Prevention) Act, 1956.
(2.) The above said FIR was lodged at the instance of the investigating officer Bajrang Singh Shekhawat, RPS, who was then posted as Circle Officer, Sadar, Jaipur. In the FIR it was stated that Bajrang Singh Shekhawat on 7.9.2007 and at 8:35 PM was on patrol duty and when he reached near railway station circle, special informant gave him information that the owner of the Hotel Visitor Home, Kabir Marg, Banipark, Jaipur had called girls from Delhi at his hotel, for the purposes of prostitution and he was taking Rs.2,000/- per girl from the customer and he had called three girls from Delhi. The special informant further informed that out of the said amount, half of the money is retained by hotel owner and half is paid to the girl. After making preparation for conducting raid by arranging decoy customers and handing over them currency notes, numbers of which were noted down, customer was sent to the hotel, when deal was struck, decoy customer relayed the message and raid was conducted. Petitioner was one of the girl, who was arrested at the spot alongwith customer.
(3.) To seek quashing of impugned FIR, the learned counsel for the petitioner has raised following two arguments:- Firstly, it is contended that Bajrang Singh Shekhawat the investigating officer was not notified as a Special Police Officer under Section 13 of the Immoral Traffic (Prevention) Act, 1956. Secondly, it is contended that in terms of the Section 15(2) of Immoral Traffic (Prevention) Act, 1956, two or more respectable inhabitants of the locality out of which one should be woman were not called and hence, the search carried not in cosonance with the provisions of the Act, shall vitiate.;