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CHANDRA SHEKHAR JHA
Md. Raja @ Rameej Raja – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard Mr. Diwakar Prasad Singh, learned counsel appearing on behalf of the petitioner and Mr. Matloob Rab, learned A.P.P. for the State.
2. The present quashing petition has been filed to quash the order dated 26.02.2016 passed by learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 344 of 2014 corresponding to G.R. No. 3595/2014, whereby and whereunder cognizance of the offence under Section 120B of the Indian Penal Code (in short the ‘I.P.C.’) and Section 3/4/5/6 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the “Act of 1956”) was taken by learned Magistrate.
3. The brief facts of the case is that the informant, who was the Sub-Inspector, posted at Zero Mile Police Station, has alleged that while he was on patrolling duty alongwith other police personnel, reached near Bihar Nagar Parishad foreign liquor shop No. 24 and started search of the vehicle, where on search of one Car bearing Registration No. BR09P-3462, he saw three persons and a lady were present inside the car and doing illicit act/behaviour. They were apprehended by the police and, on query, they disclosed their name and address. The in
A customer found in a brothel cannot be prosecuted under the Immoral Traffic (Prevention) Act unless involved in managing or facilitating prostitution.
Violation of Section 15(2) of the Act is irregular but not a ground for quashing the proceeding. A customer found in a brothel cannot be held liable under the Immoral Traffic (Prevention) Act.
The act of visiting a sex worker as a customer does not constitute an offence under the Immoral Traffic (Prevention) Act, according to established legal precedents.
The main legal point established in the judgment is the importance of complying with mandatory provisions under the Immoral Traffic (Prevention) Act, the distinction between mandatory and directory p....
The main legal point established in the judgment is that the allegations in the FIR must disclose an offence, and the court can exercise its inherent power under Section 482 Cr.P.C. to set aside and ....
A customer at a brothel cannot be prosecuted under the Immoral Traffic (Prevention) Act without evidence of involvement in procuring prostitution.
The court emphasized that the power to quash a complaint/FIR should be exercised sparingly and as an exception, following the guidelines and parameters laid down by previous judgments.
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