- (1.)This application under Article 226 of the Constitution of India, has been filed for quashing the entire criminal prosecution including the F.I.R., as contained in Annexure -1, and order dated 21 -6-2004, as contained in Annexure-2, passed by the learned Chief Judicial Magistrate, I/C, Ranch! in connection with Chutia P.S. Case Wo. 39 of 2004 corresponding to G.R. No. 1739 of 2004 under Sections 3, 4, 5 and 6 of Immoral Traffic Act.
(2.)Facts giving rise to filing of this case are that the Police C.I., Mohan Ram of Chutia P.S. lodged an F.I.R. on 15-6-2004 alleging therein that a registered letter with one C.D. was received by the Senior Superintendent of Police in which petitioner was seen with deceased Sarita alias Gudia committing intercourse with that girl. On investigation, it came to light from the statement of one Shanti Devi that she is doing business of 'Deh Vyapar' and for that one house was taken on rent at Ketari Bagan by Paritosh Pal alias Bapi and Sarita was also their partner. Thereafter Shanti Devi was arrested and a seizure list was prepared.
(3.)It was submitted on behalf of the petitioner that he has been falsely implicated in this case as he is a Government Servant working as Executive Magistrate having unblemished career and in the facts and circumstances of the case, no case is made out against him and he has been made victim of circumstances and he has no criminal antecedent and commands great respect. It was further submitted that first of all, the case was registered under bailable section but at tie time of arrest of Shanti Devi, Section 6 of the Immoral Traffic Act was added which is a non-bailable section, although this section is not applicable in the facts and circumstances of the case.